
Copy 1 



UPPLEMENT No. i 

(PATENTS) 

TO THE 

THIRD EDITION-AUGUST, 1894. 



,-. GENERAL INFORMATION 



RELATING TO 



PATENTS 

AND 

Trade Marks, 



INCLUDING ALL THE 



PRINCIPAL COUNTRIES 



WORLD. 



William Evarts Richards, RICHARDS & CO. , William Wallace White. 

PATENT AGENTS AND SOLICITORS, 

305-309 Broadway, New York, U. S. A. 

1003 F Street, Washington, D. C, U. S. A. 



New York Cable Address: Washington Cable Address: 

"RiCHPATENT, NhWYORK." " RiCHARDS, WASHINGTON. 



Entered according to Act of Congress, in the year 1899, by Richards & Co., 
in the office of the Librarian of Congress, at Washington. 



tEC^".-*'"* <TO^"f . 



Strictly Confidential. ' For Patent Solicitors O.m.v. 

,: RICHARDS & CO., 

Patent Agents and Solicitors. 

(Established 1879.) 
REGISTERED ATTORNEYS. No. -,82. 



GENERAL 

INFORMATION 



RELATING TO 



OFFICES : 
NEWYORK,N.Y.— 305-309 BROADWAY. I WASHINGTON, D. C— 1003 F STREET. 

Mutual Reserve Bl'ii.dinc. Equitable Building. 

i« 

I FIRM MEMBERS. 

William Evarts Richards, 

Attorney and Counsellor 
at Law. 

Member Patent Law Asso- 
ciation of Washington. 

Foreign Member Syndicat 
des Ingenieurs-Conseils 
en Matiere de Propriete 
Industrielle, of Paris. 

Foreign Member Australa- 
sian Institute of Patent 
Agents. 

Consul of the Republic of 
Paraguay at New York. 

Commissioner of the Su- 
preme Court of the Cape 
of Good Hope. 

Commissioner of the Su- 
preme Court of New- 
foundland. 

Registered Attorney, No. 

1 ^^" 

'William Wallace White, 

Attorney and Counsellor 
at Law. 

Member Patent Law Asso- 
ciation of Washington. 

Foreign Member Syndicat 
des Ingenieurs-Conseils 
en Matiere de Propriete 
Industrielle, of Paris. 

Foreign Member Australa- 
sian Institute of Patent 
Agents. 

Registered Attorney, No. 
' 542. 



Patents 

AND 

Trade Marks. 

SUPPLEMENT 

No. 1. 

(PATENTS.) 



1898, 



PUBLISHERS OF 

Charges and General Infor- 
mation Relating to Pateni.s 
and Trade Marks, including 
all the Principal Countries 
of the World." 



' Charges and General Infor- 
mation Relating to Design 
Patents.'' 



(Published for the Exclus- 
ive USE OF Patent Solici- 
tors .AND Attorneys, to 

WHOM THEY WILL BE FOH- 
WARDED, FrEEOfChAKGK, 

UPON Request.) 



Branch offices or direct agen- 
cies in every country in 
the world that grants Pat- 
ent or Trade Mark protec- 
tion. 



Washington Office: 

Mr. Frank L. Middleton, 
Manager. 



New York Cable Address, 
IVashinoton Cable Address, 



^' Richpatent, New York." 
"Richards, IVashington." 



ABC CODE, 4TH EDITION, and LIEBER'S CODE, USED. 



TELEPHONE: iSoi FRANKLIN (Long Distance). 



Bankers: THE SEABOARD NATIONAL BANK, New York. 



OUR SPECIALTY: THE BEST AGENTS— EXPERT WORK— PROMPT AND 
RELIABLE SERVICE. 



SUPPLEMENT NO. 1 (PATENTS), TO THIRD EDITION-AUG., 1894, 



NOTICE. 

Special attention is directed to the fact that we devote 
ourselves exclusively to the transaction of patent and trade mark 
business for Patent Solicitors and members of the Legal Profession. 
We neither solicit nor receive such orders from inventors direct. 



LEGAL BUSINESS, PATENT CAUSES, 
INTERFERENCES. 

We also desire to call special attention to a fact that may not 
be generally appreciated — that both members of this firm are mem- 
bers of the Bar, Attorneys and Counsellors at Law, and that we 
receive and transact all kinds of legal business, including court work, 
interferences, patent causes, collections, etc., etc., etc. We transact 
such business for Solicitors and other Attorne^/s, on the usual associate 
terms. We are also prepared to attend to legal business in other 
parts of the United vStates, and in all foreign countries, through care- 
fully selected Solicitors and Attorney's, who are associated with us as 
our correspondents for the transaction of such business. 



TWO(i>Ol»iC5„g5.,VgO 






^/. 



SUPPLEMENT No. I 

(PATENTS.) 



NOTICE TO PATENT SOLICITORS: 

This publication is intended as a supplement to the Third Edition (pub- 
lished August, 1894) of our book relating to foreign patents and trade marks, 
entitled "General Information Kelating to Patents and Trade Marks," etc. 
and brings the information contained therein, so far as it relates to patents, up 
to date. We hope soon to issue a similar supplement regarding trade marks. 

The changes in the laws and practice relating to patents and trade marks 
are so numerous and frequent that it has proven a difficult problem for us to 
devise ways and means to keep our correspondents fully advised of them. 
Much as we would like to, it is impossible for us to find the time to revise and 
issue frequent editions of our little book. During the past two years we have 
published numerous "Addenda," intended for insertion in our book, and for use 
therewith, but these "Addenda " have now become so numerous— and we have not 
published as many as we should have done — that they cannot be readily referred 
to, and we have been forced to devise another means to inform our correspond- 
ents regarding the present law and practice in the various foreign countries. 

For the present, then, we shall publish such supplements as this from time 
to time, calling attention in them to all new laws and changes in practice, 
occurring since the date of our last book, or the last supplement issued. 

To make our publications available for ready reference, we shall page our book 
and supplements (as issued) continuously, the book containing pages 1 to 118, 
this supplement commencing with page 119, while future supplements each in 
turn will commence their paging where the last one published left off. 

At the end of each supplement will be found a complete index, referring, first, 
to the information contained in the third edition of our book, and, distinguishing 
by different type, indicating the subject-matter of the additional information 
contained in the supplements. 

By having our book and all our supplements at hand, therefore, solicitors 
can always be certain that they have all the information we have published 
upon these subjects, and can find any given subject-matter at once, by referring 
to the index in the last supplement issued. For example, let us suppose that a 
solicitor wishes information as to the patent law and practice in Guatemala. By 
turning to the index in this supplement he will find, first, a reference to page 38 
of our book, where he will find a digest of the law and practice as it existed in 
1894. The index also shows him at a glance that a new law has been passed, 
and refers him to page 144 of this supplement, where he will find a digest of 
the new law and practice. If the law has not been changed, but we have given 
additional information as to practice, the index will refer first to our digest of 
the law and practice in our book, and then give the subject-matter or headings 
of the additional information published in the supplements. Supplements 1, 2 
or .3, will be identified in the index by the abbreviations IS, 2S or 3S. Before 
our supplements become so numerous as to be burdensome, we expect to issue 
the fourth edition of our book. 

We hope to make our publications of greater and greater assistance and 
value to solicitors, and to this end intend hereafter to make our digests of the 
law and practice more full and complete than heretofore. We will be glad to 
receive any suggestions from solicitors that they may be willing to offer us with 
regard to these publications, their subject-matter, etc., so that we may be able 
to supply just the information most needed by solicitors in their daily prac- 
tice. 

Yours very trulv, 

BICHARDS & CO. 

New York, December 22, 1898. 



122 ABYSSINIA. ARGENTINE REPLBLIC. 

ABYSSINIA. 



No special law exists in this country i)roviding for the protection of inven- 
tions. It is, however, thought that some measure of protection can be secured 
by inventors in special cases by the favor of the Negus, who, if he believed an 
invention would be useful in and beneficial to the country, would be likely to 
grant a special concession having the force of a patent, securing to the inventor 
the exclusive right to the invention for a limited time. To apply for such a 
concession it is necessary to supply the following: 

DOCUMENTS REQUIRED. 

1. Power of Attorney. — Signed by the applicant. 

2. Specification in Duplicate. — In any suitable form. No signatures neces- 
sary. 

3. Drawing-s in Duplicate.— On tracing cloth of any suitable size. No sig- 
natures necessarv. 



ARGENTINE REPUBLIC. 
29314 — 

Provisional Patents. — Although the issue of pro^'isional patents is authorized 
by the law, and apparently without restriction as to the domicile or citizenship 
of the applicant therefor, the Patent Office has of late rejected all applications 
filed by foreigners, asserting that only natives have a right to such j)rotection. 

Taxes. — Article 6 of the law fixes the taxes upon patents at 80 $ f. for a five- 
year patent; 200 S f. for a ten-year patent, and 350 $ f. for a fifteen-year patent, 
and provides that one-half of the tax may be paid upon application, the pay- 
ment of the other one-half being secured by suitable bonds, to be effected by 
way of annual payments, in accordance with Articles 24 and 25 of the Regula- 
tions (Office Rules of Practice). This system of payment was, however, never 
enforced, and has in practice l3een abandoned, the payment of the second one- 
half of the taxes being required to be made, at the latest, upon the issuance and 
delivery of the patent deed. 

Worlting. — The law requires that the invention shall be worked within the 
Argentine Republic within two years after the date of the issue of the patent, 
and the working must not be interrupted thereafter for two years at a time, ex- 
cept by circumstances beyond the inventor's control, or by accident, duly certi- 
fied by the Patent Office. When it is impossible to perform a working within a 
prescribed time, an extension of the time can usually be secured upon present- 
ing a proper petition therefor to the Commissioner of Patents, who has discre- 
tionary power in such matters. The actual manufacture of the patented inven- 
tion in the Argentine Republic is not necessary. It is sufficient to import a 
number of the patented articles into the Republic, and there expose or offer 
them for sale, or make use of them there. In case of a patented process, the 
process must be put into practice in a manufactory or establishment within the 
Republic. Workings must be proven to the satisfaction of the Commissioner of 
Patents, and should be duly entered of record in the Patent Office. 

T\nien we are instructed to work an invention in this country, correspond- 
ents should inform us whether any of the patented articles have been imported 
into the country or not, or, in case of a process, whether it has been in use there 
or not. If the patented articles have been imported, and are in the Republic, 
or a process has been in use there, we should be furnished with the names and 
addresses of the persons that received, and that have such articles in their pos- 
session, or that have used the process, with letters of introduction to them. 



ARGENTINE REPUBLIC. AUSTRIA. 123 

requesting tbeir co-operation in proving the working, in order that we may 
obtain their depositions as to facts within their knowledge. If none of the pat- 
ented articles have been imi^orted into the country, or the process has not been 
used there, we should be supplied with one or more of the articles for forward- 
ing to the Argentine Republic, or in case of a process, with full directions for 
using it; 

Documents. — In applying for a patent after the issue of a prior foreign pat- 
ent for the same invention, it is necessary to furnish a certified copy of such 
foreign patent, legalized by an Argentine Consul, and in this connection the fol- 
lowing jDoints should be noted: Fzrst. — If more than one foreign patent exists, a 
copy of any one of them will be sufficient, as the Patent Office does not insist 
upon the copy produced being a copy of the jjatent issued in the country where 
the applicant resides. The specifications and drawings of the patent produced 
must, however, agree exactly with the specifications and drawings of the Argen- 
tine application. Second. — In furnishing this copy of the foreign patent care 
should be exercised to send a certified copy of the title deed, (not merely a certi- 
fied copy of the specification and drawings), such as an English blue book or a 
printed copy of a German or United States Patent. Thied. — All documents in 
a foreign language presented to any judicial or administrative official or author- 
ity must be accompanied, by a translation of the same by a sworn Argentine 
official public translator. The fees of a public translator are very high, and 
are not included in our usual charges, but subject to extra charge after their 
amount is known. Patent solicitors and agents may save this expense by sup- 
plying a copy of the Spanish or a Spanish-American patent, where this is possi- 
ble, as in this case no translation will be necessarv. 



AUSTRIA. 



A new patent law, dated January 11, 1897, comes into legal efiect on the 1st 
day of January, 1899. 

LAW AND PRACTICE. 

Who may be Patentee. — Only the originator of an invention or his succes- 
sors have a claim to the grant of a patent. Until the contrary is proven, the 
first applicant is considered as the originator. Persons not residing in Austria 
are only entitled to the grant of patents when they have apjjointed a representa- 
tive (attorney) residing in the country. Joint inventors may obtain a joint pat- 
ent, the relative rights of the parties being subject to the provisions of the Civil 
Code, the right to permit other parties to use the invention in doubtful cases is 
reserved to all the patentees jointly, although any one of the joint patentees 
may prosecute infringers in the courts. 

Patents, Kiuil and Term. — Patents of invention granted for fifteen years, 
counting from the day of the publication of the invention in the Patent Journal, 
or, in other words, from the date of provisional protection. Patents of addition 
granted for the unexpired term of the original patent and expiring therewith, 
unless the original patent is withdrawn, annulled or renounced, in which case 
the patent of addition may be expressly maintained as an independent patent, 
taking the i^lace of the original patent so far as the payment of taxes, etc., is 
concerned. 

Unpatentable. — Patents are not granted for: 1. Inventions, the purj^oses of 
which are contrary to the laws or morals or injurious to health or which are 
obviously designed to deceive the public; 2. Scientific j^rinciples or theorems as 
such; 3. Inventions, the subject-matter of which is reserved as a State monopoly; 
4, Inventions of: (a) Articles serving for human nourishment, (6) Medicines and 



124 AUSTEIA. 

disinfectants, (c) Substances produced by chemical processes in so far as the in- 
ventions mentioned under (a) and (&) do not relate to a particular technical pro- 
cess for producing such articles. 

Novelty, Effect of Prior Patent or Publication. — Patents are granted for 
all new inventions capable of being used industrially. An invention is not con- 
sidered new if, prior to the filing of the application for patent: 1. It has 
already been so described in printed publications that its use by persons skilled 
in the art is possible; 2. It has already been publicly used or exhibited in such 
manner that its use by persons skilled in the art is rendered possible; 3. It has 
already formed the subject-matter of a privilege which has been in force in the 
countries in which this law (Austrian patent law) is to take effect, and has 
become public property. The government may declare that patent specifica- 
tions officially published by foreign States are not to be considered as printed 
publications within the meaning of the law from the date of their publication^ 
but only after a period, not exceeding six months, after such publication ; such 
declarations w^ill be published in the Patent Journal. 

Taxes. — A tax of 10 florins is required to be paid simultaneously with the 
filing of an application for a patent, whether for an original patent or a patent 
of addition, and a further tax, the first annuity of 20 florins, at the latest 
within three months after the day of the publication of the application in the 
Patent Journal (provisional protection). An annual tax must be paid at the 
commencement of the second and each succeeding year of the life of the patent, 
as follows: Second year, 25 florins; third year, 30; fourth year, 40; fifth year, 
50; sixth year, 60; seventh year, 80; eighth year, 100; ninth year, 120; tenth 
year, 140; eleventh year, 180; twelfth year, 220; thirteenth year, 260; four- 
teenth year, 300; and fifteenth year, 340 florins. Three months' grace are 
allowed for the payment of any tax, but in such case a fine of 5 florins must 
also be paid. Taxes may be paid in advance for any number of years. Any 
person interested in the payment may make the }3aynieut. If an application is 
withdrawn before its publication in the Patent Journal, or if the patent is defi- 
nitely refused, the first year's tax will be returned, as will annuities paid before 
becoming due if the patent is resigned, withdrawn or annulled. The Minister 
of Commerce, in conjunction with the Minister of Finance, may order the dimi- 
nution or increase of the application fee and the annuities by 50 per cent., after 
the law has been in operation for three years. 

For Patents of Addition (except when the original patent is withdrawn, 
annulled or renounced, and the patent of addition is maintained as an indepen- 
dent patent), a single tax of 25 florins is payable in addition to the application 
fee. 

Assig-nments. — Patents may be assigned or mortgaged in whole or in part, 
and patentees may grant licenses to other persons to use the invention under 
such limitations and restrictions, either territorially or otherwise, as the owner 
of the patent may dictate. 

Rights derived from an application for patent, or from a patent, descend to 
the heirs of the holder; they cannot be escheated. JBoth rights may be transferred 
to others, wholly or partially, by legal procedure, decision of the courts, or by 
testamentary provisions. The right to a patent, a mortgage, and other material 
rights under a patent, are acquired by indorsement in the patent register, and 
then become oi^erative against third parties. To effect such indorsement it is 
necessary to furnish: 1. A deed of assignment, mortgage or license, duly execu- 
ted by the grantor, whose signature must be legalized by an Austrian Consul; 
2. A petition in writing by one of the parties interested, usually the grantee, 
requesting the due registration of the deed. This document also must be legal- 
ized by an Austrian Consul; 3. The original patent. 

If the rights are assigned before the patent is granted, the patent, if 
granted, will be issued to the assignee. 

A license can be transferred by the licensee, without the consent of the 
owner of the patent, only together with the business for which the license is 



AUSTRIA. 125 

serviceable. In case of the death of the licensee, the license descends to his 
successors, provided they carry on the business for which the license was 
granted. 

Working". — A patent may be withdrawn, wholly or in part, if the patentee 
or his successors neglect to work the invention, or to have it worked in the coun- 
try to an adequate extent, or to do all that is necessary to secure such working. 
Such a withdrawal can only take place after the end of three years from the 
date of the publication in the Patent .Journal (provisional protection). This 
restriction of time, however, does not apply, if the patentee, or his successors, 
notwithstanding that the invention is worked abroad, and that the public inter- 
est requires the working in the country, still continues to meet the demands of 
the country exclusively, or to the largest extent, by importation, instead of 
working the invention in the country to an adequate extent. 

The law provides that such withdrawal of the patent must be preceded by 
a threat of withdrawal stating the reasons and prescribing a suitable term 
within which the invention may be adequately worked. If the invention is not 
adequately worked within this term, the withdrawal will become operative. 

Efff^ct of Patent. — The patentee and his legal successors have the exclusive 
right to make, sell, offer for sale, or use, the subject-matter of the invention. If 
the patent be granted for a process, the effect of the patent also extends to the 
products directly produced by such process. A j)atent has no effect against a 
person who, at the time the application for the patent was filed, has already 
honafide used the invention in Austria, or has made the necessary preparations 
for snch use. Such j)rior user has the right to use the invention for the 
requirements of his business in his own establishments or in those of other 
persons. This right can only be sold, assigned or inherited in connection with 
the business of the prior user. The prior user may request the patentee to 
make written acknowledgment of his right, and in case such request is refused 
the Patent Office, in a proceeding instituted for this purj)ose, will decide the 
claim. Upon request, such an acknowledged right will be entered against the 
patent in the Patent Register. 

The effect of a patent does not extend to such vehicles or vessels, or 
arrangements in vehicles or vessels, as only come into the country transitorily 
on account of their use in trade. 

Use of Inventions by Government. — By agreement with the Minister of 
Commerce, the "War authorities have the right to the use of inventions relating 
to arms for war purposes, explosives, ammunition, fortifications, or ships of 
war necessary for increasing the belligerent power, or to have them used by 
their agents or contractors, and no rights derived from a patent can be enforced 
against them. If the authorities and the patentee cannot agree as to a reason- 
able compensation for such use, this question will be decided by the Minister 
of Finance, in conjunction with the Minister of Commerce and the War 
authorities. 

Expropriation of Inventions. — If the interest of the armed forces, the 
public welfare, or any other important interest of the State requires it, an 
invention may be expropriated, or used in whole or in part by the War author- 
ities or the Government, or be left open to public use. In such case suitable 
compensation is given to the inventor and to persons who were entitled to use 
the invention, in case they lose their rights by such expropriation or use. 

Compulsory Licenses. — If a patentee finds that he cannot work his invention 
without using a previously jDatented invention, he may ask for a license to use 
the same, provided that three years have elapsed since the publication of the 
prior patent in the Patent Journal, and that the later invention is of consider- 
able industrial importance. If the license is granted, the owner of the prior 
patent may in turn ask for a license to use the later invention. 

If the public interest seems to require that others be allowed to use an 



126 AUSTRIA. 

iuvention, any person may ask the patentee for permission to use the invention 
in his establishment. 

If, in such cases, the patentee refuses to grant a license, the Patent Office 
decides upon the request made, and, in case it grants a license, determines the 
compensation to be given, the security, and other conditions of use. 

The Patent Office.— The Patent Office is under the suijervision of the Minis- 
ter of Commerce, and has its seat in Vienna. There are three departments: 
1. The Application Departments; 2. Appeal Departments; 3. Annulment 
Department. The members consist of a President, his substitutes, and the 
requisite number of jurisprudents and technical members, part of which are 
permanent and part non-permanent, elected for five years. The Application 
Departments decide questions with a quorum of three permanent members (the 
President included), of which two must be technical members. The final deci- 
sions of the Appeal Departments and the Annulment Department are taken 
with a quorum of two jurisprudent and three technical members, the President 
included. For intermediate decisions in these two departments, the presence 
of three members, two of which are technical members, is sufficient. Decisions 
are by majority; in case of ties the President has the deciding vote. As a Court 
of Appeal to hear appeals from the decisions of the Annulment Department a 
Patent Court is formed of a President or President of Senate of the Supreme 
Court of Justice and Cassation as President and Chairman, a Counsellor of the 
Ministry of Commerce, two Court Counsellors of the Supreme Court of Justice 
and Cassation, and three technical members as Counsellors. 

The Application,— Procedure.— Upon the filing of an application it is taken 
up for examination by a member of the Applications Department. If the appli- 
cation is not in accordance with the prescribed requirements, the applicant is 
asked to correct formal defects within a stated term. The applicant may 
amend his specification at* pleasure until the decision of the Patent Office to 
publish the application. If such alterations affect the essence of the invention, 
the Patent Office can decide that the application is to be considered as having 
been made on the date when the alterations were made, otherwise it continues 
to bear its original filing date. The applicant obtains the right of priority for 
his invention from the date upon which he filed his application. 

If in the examination it be found that there is evidently no patentable 
invention in accordance with §| 1, 2 and 3 of the law, the applicant is notified, 
with a statement of the reasons, and with a request to reply thereto within a 
stated period. One, and hut one, extension of time may be had for replying to 
objections raised by the Patent Office. After a reply given in due time, or after 
the lapse of the stated time without reply, the Applications Department decides 
upon the application. If the prescribed requirements are not fulfilled by the 
original or amended application, or if it be found that obviously there is no 
jjatentable invention within the meaning of |§ 1, 2 and 3 of the law, the appli- 
cation is rejected. If the rejection is for a reason which has not already been 
communicated to the inventor, the apj^licant is given an opportunity of reply- 
ing to such rejection within a stated time. 

An appeal can bs entered against the decisions of the Ai3plications Depart- 
ment, by lodging same at the Patent Office within thirty days from the delivery 
of the decision appealed from. None of the members of the Patent Office can 
take part in the decision on an appeal, that acted in giving the decision appealed 
from. 

No appeal can be taken from decisions of the Appeals Department. 

If the Patent Office finds the application is properly made, and that there 
is no reason why a patent should not be granted, it orders the publication of 
the application in the Patent Journal. On the date of the issue of the Patent 
Journal, the legal rights of the patent come provisionally in force in favor of the 
applicant (provisional protection), and the application, with all its annexes, is 
laid open at the Patent Office, for j^ublic inspection, for a term of two months, 
during which time opposition may be entered by any interested party. The 



AUSTRIA. 127 

specification enjoys tlie protection afforded by the laws upon author's copy- 
rights until the grant of the patent, and if such grant does not take place, until 
the lapse of five years from the date the application is laid open for public 
inspection. Upon the request of the applicant, the publication and laying 
open of the application for j)ublic insjDection may be postponed for a term of at 
least three and not to exceed six months, counting from the date of the decision 
of publication. 

Within two months from the date of publication, (provisional protection), 
opposition can be entered against the grant of a patent. 

The opposition must be in writing, and can be based upon one or more of 
the following grounds only: 1. That the subject-matter is not patentable; 2. 
That the invention coincides essentially with an invention which has been pre- 
viously patented or privileged, or for which a prior application has been made 
in the country; 3. That the applicant is not the originator of the invention, or 
his successor, or is not to be considered as such; 4. That the essential contents 
of the application opposed are taken from the descriptions, drawings, models, 
implements or arrangements of, or from a process used by, another person with- 
out his consent. 

In the case mentioned under 3, only the originator or his successor, and in 
the case mentioned under 4. only the party injured, is entitled to enter opposi- 
tion. 

A copy of the opposition is delivered to the applicant to enable him to 
reply thereto in writing within thirty days, which term may be extended for 
sufficient reasons. At the end of such term the Applications Department hears 
the parties, witnesses and experts, and decides upon the grant of the patent 
and the sharing of the costs of the opposition. Either party may appeal from 
the decision within thirty days from the delivery of the decision, a copy of the 
appeal being delivered to the other party so that he may make a rejoinder 
within a term of fourteen days, which term may be extended for sufficient 
reasons. New facts may be produced in appeal proceedings. 

Issue of Patent. — If the patent is finally granted, the invention is registered 
in the Patent Register, the grant is published in the Patent Journal, the patent 
is delivered to the patentee as soon as may be, and the Patent Office orders the 
23rinting and publication of the specification. 

Printed Copies of Patents. — Under the new law provision is made for the 
printing of the specifications and drawings of all patents granted, in so far as 
the patents are open for jjublic inspection. It is expected that these copies 
will be ofiered for sale at moderate cost. 

Joinder of Inventions. — Uniting two or more inventions in a single applica- 
tion is only permitted when such inventions relate to one and the same subject- 
matter as constituent parts or operative expedients. 

Withdrawal, Amendineiit. or Abroijation of Patents. — Patents may be with- 
drawn in whole or in part if the invention is not worked to an adequate extent; 
may be annulled in whole or in part if the subject-matter was not jDatentable or the 
invention forms the subject-matter of a prior patent; or abrogated in whole or in 
part if the patentee is not the originator of the invention or his successor, or is not 
to be considered as such, or the essential part of the subject-matter of the appli- 
cation has been taken from the descriptions, drawings, models, implements or ar- 
rangements of, or from the processes used by, another person without his consent. 

Proceedings for the nullification of patents are begun only upon the request 
of interested parties and are heard by the Annulments Department. Appeals 
may be taken from the decisions of the Annulments Department to the Patent 
Court, by entering same in writing at the Patent Office within thirty days after 
the delivery of the decision appealed from. 

Infringements. — A person commits an infringement who, without the con- 
sent of the patentee, makes, sells, offers for sale or uses the subject-matter of a 



128 AUSTEIA. 

protected invention on a practical scale, or, who, being at the time the application 
for the patent was filed a prior user, uses the invention otherwise than for the 
requirements of his own business, in his own establishment or in those of other 
persons. The party injured may lodge a complaint against each infringer 
for recognition of his patent right, for preventing further acts of infringement, 
for the forfeiture of the articles produced by such infringement, for transforma- 
tion of the means for committing the infringement, and for indemnity or delivery 
of the profits earned by the infringement. The indemnity comprises not only 
compensation for damages proper and amends for loss of profits, but also a 
suitable sum of money, in the discretion of the Court, for injuries sufiered and 
other personal disadvantages. If the infringement has been committed con- 
sciously, it may be punished by a fine of from 500 to 2,000 florins, or by im- 
prisonment for from three months to one year, to which a fine of not to exceed 
2,000 florins may be added. Criminal prosecution may be instituted upon 
request of the jjarty injured, and finally the provisions of the General Penal 
Code, and particularly those relating to fraud, may be applied. 

Old Patents and Pending- Applications.— For patents already granted or 
applied for, the provisions of the laws of August 15, 1852, and December 27, 1893, 
remain in force. Applications for patents filed under the law of August 15, 
1852, and upon which patents have not been granted at the time this new law 
comes into force may, upon the request of the applicant, be proceeded with 
under the provisions of the new law. In such case the original date of filing is 
allowed as the date of the priority of the invention, and the novelty of the in- 
vention is to be judged in accordance with this original date. The owner of a 
patent granted under the old law may request the transformation of his patent 
into a patent under the new law. In this case the invention is subject to the 
examination and opposition provided for by the new law, the date of priority 
being that of the original filing of the application. The transformed patent 
will be issued for the remainder of the unexpired term of the original jjatent. 
The amount of the annuities and the date they fall due are reckoned from the 
date of the grant of the original patent. 



DOCUMENTS REQUIRED. 

1. Power of Attorney. — Signed by the applicant. No legalization re- 
quired. 

2. Speciilcation. — Written or printed on any suitable paper. Xo signatures 
required. 

3. Drawing's in Duplicate. — One copy on stiff, smooth diawing paper (bris- 
tol board), the other copy on tracing cloth. The size of each sheet of the drawings 
must be either 33 or 84 centimeters (13 or 13^ inches) in height, by 21, -12 or 63 
centimeters (8^, 16| or 24f inches) in width. A single marginal line must be drawn 
all around the sheet 2 centimeters (yf inch) from the edge thereof. A clear space 
of 3 centimeters (Inr inches) must be left at the top of the sheet below the mar- 
ginal line. The bristol board drawing must be executed in deep black lines; 
the drawing on tracing cloth may be executed in colors if desired. 

4. If the InA^ention relates to Dyes, or process for producing aniline colors 
or pigments, dyed specimens on wool, silk or cotton are required. These 
specimens should be affixed to sheets of bristol board of a size of 33 or 31 centi- 
meters (13 or 13^ inches) in height, by 21 centimeters (8j inches in width). For 
each color or pigment, specimens should be filed in three shades, and a full 
description of the dyeing process should be filed, clearly stating all the particu- 
lars, such as the concentration of the bath, the mordanting agents, temperatures, 
etc., and whether after the dyeing the bath still contains any remainders of color 
or is free from same. 



BAHAMA ISLANDS. BARBADOS. BELGIUM. 129 

BAHAMA ISLANDS. 



Who may be Patentee. — Practically any one, whether the inyentor or not, 
as the first importer may obtain a valid patent as well as the first inventor. The 
Attorney-General has recently held, however, that the applicant must be " a 
person," so that applications should not be made in the name of a corporation. 

Issue of Patents. — For some years after the passage of the Patent Act, no 
formal document or "Letters Patent " was issued to serve the inventor as a title 
deed. Letters Patent are now issued, however, by the Attorney-General, who 
is permitted to charge a fee of £5.5.0 for drawing up the document. This fee is 
now included in our charge for the application. 

Applications — Documents Required. — By a ruling of the Registrar, confirmed 
by an opinion of the Attorney-General, the specifications must be signed by the 
applicant for patent. An agent or attorney is not allowed to sign the specifica- 
tions, even under a power of attorney giving him special power and authority 
so to do. With this single exception the requirements stated in our book under 
"Documents Required," are still correct. 



BARBADOS. 



IVho may be Patentee. — "The first and true inventor," which is inter- 
preted to include the first and true importer into Barbados. It should be noted, 
however, that it has been held that an applicant for patent must be " a person," 
and that in consequence a firm or corporation may not apply for and obtain a 
patent. 

Assignments. — The documents should be prepared in duplicate in the 
English language. The assignments may be signed by the assignor before a 
a British Consul and one subscribing witness, the Consul certifying upon the in- 
strument that it was so signed and executed. Or, the assignment may be exe- 
cuted before two subscribing witnesses, the signature of the assignor being- 
proven by one or both of the subscribing witnesses, under oath, before a Notary 
Public, the document then being legalized by a British Consul. 

Working. — Section 9 of the law requires that the invention must be ' ' brought 
into operation in the island within a period of seven years from the filing of the 
specification." According to an opinion of the Attorney-General, dated January 
26, 1895, the working must be actual and hona fide. It is not believed, however, 
that the actual manufacture of the patented invention in Barbados will always be 
necessary. In case of machinery or apparatus it is believed that it will be suf- 
ficient if it be imported in sufficient numbers to supply demands, and put 
into use or operation in the island. In case of a process it must be put in prac- 
tice in some manufactory or establishment in Barbados. Small articles which 
can be manufactured in Barbados, as well as elsewhere, undoubtedly should be 
made there, and in quantities sufficient to supply all demands. 



BELGIUM. 



International Convention Applications. — When an applicant for a patent 
desires to take advantage of the provisions of the International Convention, he 
should so state when forwarding his application. No special or additional docu- 
ments are required in this case, but the application must be filed for a Patent of 



130 BELGIUM. BOLIVIA. BRITISH BECHUANALAND. 

BRITISH CENTRAL AFRICA. 

Importation instead of a Patent of Invention. Tlie patent when issued will not 
be antedated to agree with the date of the original application, but will be num- 
bered and dated in its regular order and as of the date of the actual filing of the 
application therefor. 

Taxes on Patents of Addition. — When an application for a Patent of 
Addition is filed by the patentee of the original invention, who has not parted 
with his rights to the latter, no taxes, except the single tax payable upon appli- 
cation, are piyable upon the Patent of Addition. Bat if the original patentee, 
when he applies for a Patent of Addition, has parted with his rights to the original 
patent, he must pay the usual annual taxes upon the Patent of Addition, as if it 
were an Oiiginal patent, as must his assignees, his heirs, and any other person. 



BOLIVIA. 



Working-. — Patents must be worked within a year and a day from the date of 
the issue of the patent under penalty of forfeiture. Upon due application being 
made, the time within which the working must be performed may be extended. 
The owner of the patent is required to satisfactorily prove that within the year 
allowed by law, or such further extension of time as may be granted, he has 
established or founded an office, manufactory, studio, foundry, or other 
establishment, located somewhere within the Republic of Bolivia, where the 
invention may be seen in practice, or that he has otherwise carried into effect or 
worked the invention, improvement or importation to which his patent relates 
within the Republic. In all cases the documents of proof are issued by the 
local authorities of the place in which the office, manufactory or establishment 
is located. We do not understand it is necessary to actually manufacture the 
patented article in Bolivia in all cases. When the article is small and inex- 
pensive and readily manufactured in Bolivia, it should be made there, but in 
case of intricate and costly machinery or apparatus, especially when no facilities 
for its manufacture can be found in Bolivia, we understand that it will be suf- 
ficient to import one or more machines into Bolivia and to set it up and ope- 
rate it there, or offer or expose it for sale. In case of a process, it should 
be carried into practice in some establishment in Bolivia. 

A decree dated September 11, 1877, requires that a deposit of (usually) 300 
bolivianos (about $300) be made, iDefore the delivery of the patent, as a guarantee 
that the patent will be duly worked. This deposit will be forfeited if the pat- 
ent is not worked within the prescribed period of time, but may be withdrawn if 
the working is satisfactorily proven in due time. 



BRITISH BECHUANALAND. 

British Bechuanaland has been incorporated into and consolidated with Cape 
Colony, (Cape of Good Hope), the laws of the latter colony now covering all the 
territorv embraced in the former colonv of British Bechuanaland. 



BRITISH CENTRAL AFRICA. 



Under date of September 6, 1898, her Majesty's Acting Commissioner for 
the territory, advised us that at present there is no patent or trade mark law in 
force, nor any law or regulation referring to designs or copyright. We under- 
stand, however, that it is proposed to enact such laws for this territory in the 
near future. 



BRITISH GUIANA. BEITISH HONDURAS. 131 

BRITISH NEW GUINEA. 

BRITISH GUIANA. 



Documents Required. — In addition to the documents named in onr book, the 
following document must be supi)]ied: 

6. Decliiration by Attesting- Witness, as to due execution of the power of 
attorney by the applicant. Must be signed by the witness before a Notary 
Public and be legalized by a British Consul. 

At least one copy of the specification, and preferably both copies, must be 
signed by the applicant, and preferably should have aflSxed a certificate signed 
by the British Consul, attesting the identity of the document, and the due exe- 
cution of the same by the applicant, though the latter is not absolutely 
necessary. 



BRITISH HONDURAS. 



Documents Required. — The following changes should be noted. 

2. Declaration. — The declaration must be a statutory declaration reciting 
the statute under which it is made. Declarations made in the United States 
should recite "Section 1778 of the Revised Statutes of the United States of 
America, approved June 22, A. D. 1874." 

3. Specification in Duplicate. — Written or printed on paper, the sheets of 
which measure 8 inches in width by 13 inches in height, having a margin of 2 
inches on the left side. Both copies must be signed and sealed by the applicant. 

4. Drawings in Duplicate. — On drawing paper or tracing cloth. The draw- 
ings for Provisional Applications must be made upon sheets measuring 13 inches 
high by 8 inches wide, or 13 inches high by 16 inches wide, with a single margin 
line drawn all around, 1 inch from the edge of the sheet. For complete applica- 
tions the sheets must measure 21|- inches long by 14f inches wide, or 21 inches 
wide by 29^ inches long. 

No signatures required. 

6. Declaralion by Attesting' TVitness, as to due execution of the power of 
attorney by the applicant. Must be a statutory declaration, and be signed by 
the witness before a Notary Public. 

The other documents and requirements are as stated in our book. 



BRITISH NEW GUINEA. 



We have been advised that British New Guinea has adopted as its patent 
law the Queensland Patents, Designs and Trade Marks Acts of 1884 and 1886, and 
the Rules of 1885 and 1887. 

A separate application and fee is required, and a separate patent is issued. 
As the law and practice is the same as in Queensland, we do not think it neces- 
sary to repeat here the information contained on pages 65 and 66 of our book, 
but refer to these pages for the principal features of the law and practice in this 
country. 



132 BRITISH SOUTH AFRtCA. BULGARIA. 

BRITISH SOUTH AFRICA. 

(Rhodesia, Mashonaland, Matabeleland. ) 

Law. — Patents of Invention may now be obtained affording protection for 
inventions tbronghout the territories of the British South Africa Company. The 
text of Act No. 17 of 1860 of Cape Colony has been adopted and put into opera- 
tion as the patent law of the territories of the Company. 

LAW AND PRACTICE. 

Who may be Patentee. — The true and first inventor, which is interpreted to 
include the true and first importer of the invention within the Colony. 

Patents, Kind and Term. — Patents of Invention granted for fourteen years, 
but will expire with any prior foreign patent that ceases to exist before the end 
of this term. The patent may sometimes be extended for an additional term of 
seven and perhaps fourteen years. The patent is dated as of the day upon 
which the application therefor is filed. 

Unpatentable. — The law is silent upon this point. 

Novelty, Effect of Prior Patent or Publication. — To obtain a valid patent the 
application therefor must be filed before any publication or public use of the 
invention within the territories of British South Africa. Publication, or the fact 
that an invention has been patented in a foreign country does not prevent the 
obtaining of a perfectly valid patent so long as the invention is new, (has not 
been published or used in British South Africa), at the time the application 
therefor is filed. 

Taxes. — A tax of £10 is payable before the end of the third year of the life 
of the patent, counting from the date of the filing of the application therefor, 
and a further tax of £20 before the expiration of the seventh year. There are no 
jarovisions for extending the time for making these payments, so that the patent 
will be forfeited if the payments are not made in due time. 

Assignments. — Should be prepared in duplicate. Almost any suitable form, 
such as the assignments usually drawn in the United States or England, will be 
sufficient. The signature of the assignor should be witnessed by at least one 
witness, who should state his calling and address. 

Working". — There are no requirements. 

DOCUMENTS REQUIRED. 

1. Power of Attorney. — Signed by the applicant and two witnesses. 

2. Specification in Duplicate. — No signatures required. 

3. Drawings in Duplicate. — On drawing board or tracing cloth. Any 
suitable size. No signatures necessary. 



BULGARIA. 



By a series of circumstances Bulgaria is, at the present time, without laws 
for the protection of any industrial property except Trade Marks. 

There is no law providing for the grant of patents or similar protection for 
inventions, and no constitutional provision for securing the rights of inventors. 

The Government is, however, at the present time preparing a patent law, 
following the provisions of the principal European countries, preparatory to 
entering the International Convention for the Protection of Industrial Property, 
which entry will occur, it is believed, in the near future. 



CANADA. 133 

CANADA. 



Importaut changes have been made in the practice with respect to the 
documents required for applications for patents, and amendment of the papers 
during the prosecution of applications. The new regulations are as follows: 

DOCUMENTS REQUIRED TO OBTAIN PATENTS. 

1. Power of Attorney. — Signed bj the applicant, all names in full, before 
at least one witness. 

2. Petition. — Signed by the applicant, all names in full. 

3. Specification. — Two copies must be supplied. One copy must be signed 
by the applicant and two witnesses, all names in full; the other copy need not 
be executed. An additional or third copy of the claims must also be furnished. 
The preamble must contain a reference to all prior foreign patents issued, in the 
following words: " [for which I have obtained a patent in (here name the 

country) No , bearing date 189 . •]," reciting all patents granted, 

by country, date, and number. 

4. Drawing's.— Three full sets must be supplied. Two copies must be upon 
tracing linen (not Linaura or similar fabric). The third copy must be upon 
double bristol board, without writing upon its face, merely the usual lettering. 
The size of the sheets must be exactly 8 inches wide by 18 inches in height. 
Each sheet on tracing linen must contain the title of the invention at the top of 
the sheet, and the following certificate at the bottom: " Certified to be the 
drawings referred to in the specification hereunto annexed." The drawings 
may be signed by either the inventor or his attorney — preferably the latter. If 
signed by the inventor, he must sign his name in full, together with two wit- 
nesses, at the bottom of the sheets of tracing linen, and state the place and date 
of execution. All drawings should be made in India or carbon ink, although 
first-class lithographs are accepted. 

5. Oath. — Sworn or affirmed to, and signed by the inventor. The oath may 
be made before any justice of the peace in Canada. If made outside of Canada, 
it may be made before any diplomatic or consular officer under the government 
of the United Kingdom of Great Britain, or any judge of a court of record, or a 
notary public, or the mayor or other chief magistrate of any city, borough or 
town corporate, in the country in which the applicant happens at the time to 
be. The oath must in all cases be attested by the proper official seal of the 
officer before whom it is taken. 

All prior patents lss>ied rrinst he acknowledged ui the oath, by a statement, fol- 
lowing the reference to the Petition, in the following words: " And I further say 
" that the same has not been patented to me, or to others with my knowledge 
" or consent, except in the following countries [here insert, if previously 
" patented, the country or countries in which it has been so patented, giving 
•' the number and date of each patent]." If not previously patented, erase the 
the words ^'■Except in the following countries" and insert the words "m any 
country.'''' 

Amendments, — Papers will be returned for formal corrections until they 
have reached the Examiner's hands. After that stage no papers whatever will 
be returned except where applicants have not preserved copies. In such cases 
the copy will be sent to applicant on his request, to be copied by him and re- 
turned to the Patent Office. 

The applicant has a right to amend before or after the first rejection or 
action; and he may amend as often as the examiner presents new references or 



134 CANADA. CHILI. 

reasons for rejection. In so amending, the applicant mnst clearly point out all 
the patentable novelty which he thinks the case presents in view of the state of 
the art disclosed by the references cited or the objections made. He must also 
show how the amendments avoid such references or objections. 

The specification and drawing must be amended and revised when required, 
to correct inaccuracies of description or unnecessary prolixity and to secure cor- 
respondence between the claim, the specification and the drawing. But no 
change in the drawing mav be made except bv written permission of the Patent 
Office. 

In every amendment the exact word or words to be stricken out or inserted 
in the application must be specified and the jarecise point indicated where the 
erasure or insertion is to be made. All such amendments must be on sheets of 
paper separate from the papers previously filed, and written on but one side of 
the paf)er. Erasures, additions, insertions or mutilations of the papers and 
records must not be made by the applicant. 

Amendments require the signature of the applicant or his attorney. 

When an amendatory clause is amended, it must be wholly rewritten, so 
that no interlineation or erasure shall appear in the clause, as finally amended, 
when the ap^jlication is passed to issue. If the number or nature of the amend- 
ments shall render it otherwise difficult to consider the case or to arrange the 
papers for printing or copying, the Examiner or Commissioner may require tlie 
entire specification to be rewritten. 

Interferences. — Interference proceedings are provided for by Sec. 19 of the 
Law, Sub-Sees. 2, 3, 4, 5 and 6. Each party appoints an arbitrator, and the 
Commissioner of Patents appoints a third arbitrator. The fees of the first two 
arbitrators are a matter of agreement between the arbitrator and the applicant, 
but the fees of the third arbitrator are to be paid jointly. In ordinary cases the 
arbitrators' fees amount to about $75.00 each, jalus traveling expenses, if any. 
Evidence is taken by the parties before the arbitrators, who render their deci- 
sion. Witnesses may be summoned by either of the parties to give their testi- 
mony. The award of the arbitrators is final, as there is no provision for appeal. 

By the Amendment of 1891 to the Exchequer Court Act, the Exchequer 
Court also has jurisdiction in the matter of conflicting applications. We are not 
aware that any cases have been heard bv this Court. The expenses of atrial bv 
the Court would probably be from $200.00 to 8300.00. In the Exchequer Court 
the Judge would have the power to aw^ard costs to the successful party. The 
right of appeal from the Exchequer Court Judge's decision is not altogether 
certain. 



CHILI. 



Working's. — In case a patentee cannot perfoim a working within the pre- 
scribed time, an extension of time, not to exceed six months, can be obtained, 
upon proper application therefor. It should be noted that the term of a Chilian 
patent will not commence to run until an establishment, manufactory or office, 
is established in the Republic, for working the invention. It is sufficient to 
import one or more of the patented articles to Chili and there expose them or 
ofi'er them for sale, or to work them there. 

Our Chilian Agent is prepared to receive models of patented articles and to 
prove the working, so that the patent will commence to run, and to take all the 
necessary steps to jpreserve the patent in force. As the expense of obtaining 
extensions is almost as large as the cost of pro\4ng a working. Solicitors \\dil 
save expense if they will see that a model is sent to Chili A\dthin the prescribed 
limit of time, so that the legal working may be efi"ected. 



CHIXA. COLOMBIA. COSTA EICA. 135 

CHINA. 



Upon July 5, 1898, an imperial decree was published promising the enact- 
ment of special patent and copyright laws. The text of this decree, translated 
into English, is as follows: 

From ancient times until now, the first duty of government has been to bring order out of chaos 
and shape the rough materials at hand. With the increasing facilities of international commerce, 
our country has been filled with an influx of scientific, mechanical, and artistic things which are an 
education to the masses, whose eyes are daily being opened to their usefulness. China is a great 
country, and our resources are multitudinous. Men of intellect and brilliant talent, capable of learn- 
ing and doing anj-thirig they please, are not lacking : but their movements have hitherto been hamp- 
ered by old prejudices which have formed a bar in thinking out and introducing to practical use new 
inventions. Now that we have entered upon the high-road toward the education and enlightenment 
of the masses for the purpose of making our Empire strong and wealthy like other nations, our first 
duty should be the encouragement and employment of men of genius and talent. We. therefore, 
hereby command that from henceforth, if there be any subject of ours who shouM write a useful 
book on new subjects, or who should invent any new design in machinery, or any useful work of art 
and science which will be of benefit to the country at large, he shall be honored and rewarded by us 
in order to serve as an encouragement and exhortation to others of similar genius and talent. Or, if 
it be found that such geniuses have real ability to become ofQcials. we will appoint them to posts as a 
reward, or grant them decorations or fine raiment in order to show the masses the persons who have 
gained honor by their talents and genius; while they shall also be allowed to enjoy the fruits of their 
labors by being presented with papers empowering them to be the sole manufacturers and sellers 
within ascertain limit of time. Again, to such as have administrative talents and the necessary funds 
either to build schools, or begin irrigation works for the benefit of agriculture, or build rifle factories 
or cannon foundries, all of which will be of great benefit to the population of the Empire at large. 
shaU be granted rewards on the same scale as men Avho have gained distinction in the army or navy, 
in order to give them special encouragement to work for the good of themselves and thefr country. 
We hereby further command the Tsungli Yamen to draw up the regulations which shall govern the 
various matters noted within this edict, and report at once to us. 

It will be observed that the decree refers to subjects of the Emperor of China 
only. We understand, however, that the benefits of the laws will, as soon as 
they are issued, or shortly thereafter, be extended either to foreigners generally, 
or to such, at least, as are citizens or subjects of the Treaty Powers, or of 
countries that will grant similar rights to Chinese subjects. 

Until these new laws are enforced, protection may always be had, as here- 
tofore, by registering the invention in the Chinese Foreign Office and at a for- 
eign Consulate, and by due publication of the invention and the inventor's right 
of ownership, in the principal official, and other newspapers within the Empire. 
This form of protection has been very effective, the Tsungli Yamen, (Foreign 
Office), having given most stringent instructions to the proper authorities to 
inquire into all charges of infringement, and to arrest and punish the guilty 
parties. 

The documents required to effect such registrations remain as heretofore 
(see page 23 of the Third Edition of our book of General Information]. 

Note. — We presume that more recent developments in Chinese affairs will prevent the car- 
rjing into effect of the foregoing decree. 



COLOMBIA. 



Unpatentable. — The Government has monopolized the manufacture and sale 
of cigarettes, and it will not longer grant patents for machines for making cigar- 
ettes, or any patent that can be interpreted as a privilege or right to use such 
machines in that countrv. 



COSTA RICA. 



Law. — Inventions may be protected in Costa Rica under the law of June 26, 
1896, which jjrovides for the protection of all kinds of Industrial property, in- 
cluding the grant of i^atents for inventions. 



136 COSTA RICA. 

LAW AND PRACTICE. 

Who may be Patentee. — The actual inventor. Foreigners enjoy the same 
rights as natives when the laws of their nation grant equal ]3rivi]eges to Costa 
Ricans. 

Patents, Kind and Term.— Patents of Invention for a term of twenty years 
counting from the date of the grant of the patent. Patents are gi-anted for im- 
provements in x^roducts or manufactures already patented, the original patentee 
alone having the right to aj^ply for such a patent during the first year of the 
life of his patent; anyone may ajDply for and obtain a patent after' the expira- 
tion of this time. Foreign inventors can only obtain a i^atent for the unexpired 
term of the jDatent issued to them in their own country, and in any case the 
term of the patent cannot exceed twenty years. 

Unpatentable. — Inventions or discoveries relating to illicit objects. In the 
following cases also j)atents granted will be null: 1st. When the invention or 
discovery may be prejudicial to health or public security or contrary to the laws; 
2nd. "^lien there exists a prior patent granted for the same invention ; 3rd. When 
the invention or discovery is known to the jDublic practically or theoretically, 
or has been divulged by means of any publication; 4th. When the jDatent has 
been obtained without regard to the formalities prescribed by the law; 5th. 
When the title given to the invention conceals a fraud, or an "object different 
from that specified; 6th. When a patent of improvement consists only of a 
change of form, of ornamentation or modification, and does not imj)rove the 
original invention. 

Novelty, Effect of Prior Patent or Publication. — The application must, in 
order to obtain a valid patent, be filed before the invention is known to the 
public practically or theoretically by means of any publication. It is believed, 
although there has been no decision upon this point as yet, that publication 
of the invention by means of official Patent Office publications, such as the 
Official Gazette of the United States Patent Office, will not bar the grant of a 
perfectly valid patent, as the law specifically provides for the issue of patents 
to foreigners for the unexj)ired term of their home patent. 

Taxes. — There are none after the issue of the patent. 

Assig-nments. — Should be prepared in duplicate, and be accompanied by a 
power of attorney, signed by the assignee. Both documents should be legalized 
by a Consul of Costa Pica. 

Workings. — Patents must be worked within two years from the date of their 
grant, and the working must not be allowed to cease for any three consecutive 
years or forfeiture will result. Any interested party may request the forfeiture 
of a patent for non-working, by a petition addressed to the Secretary of Fomento, 
who will thereupon ascertain the facts, and declare the patent forfeited if it has 
not been worked to an adequate extent. It is not believed that actual manu- 
facture of the patented article in Costa Pica is necessary. It is probably suffi- 
cient to import a reasonable quantity of the patented articles into that country, 
putting them in use or offering them for sale there. 

The Application, — Procedure. — Applications are filed in the office of the 
Director General of Public Works.. No examination is made as to the novelty 
or utility of the invention, but if the application is complete and in proper 
form, the Dii"ector General of Public Works causes it to be entered in the Reg- 
ister of Patents kept in his office, and thereupon gives official notice of same to 
the Secretary of Fomento, who causes an advertisement of the aj)plication to be 
inserted in the Biario Oficial for the period of eight days, counting from the 
date upon which he received the notice from the Director General of Public 
Works. The patent is then issued and delivered in the usual course of busi- 
ness with as little delay as possible. 



COSTA RICA. CUBA. DENMARK. 137 

Old Patents. — Inventors possessing ]3atents or privileges granted under 
prior laws will enjoy the benefits of the present law, the term of the grant or 
privilege being counted from the date of the original grant, without the neces- 
sity of complying with any additional formality, or paying any further tax. 

Infring'eiiients. — Persons guilty of infringing any patent may be held both 
civilly and criminally liable for their acts, being dealt with according to the 
provisions of Art. 496, Section 3d of the Penal Code. The person for whose ac- 
count the fraud is committed is to be held liable in the first instance, and then 
the person who executed the infringement, 

DOCUMENTS REQUIRED. 

1. Power of Attorney. — Signed by the apiDlicant and legalized by a Consul 
of Costa Rica. 

2. Specification. — May be upon any paper and in any form. No signatures 
required. 

3. Drawings in Duplicate. — On tracing cloth of any suitable size. No sig- 
natures required. 

Note. — Wherever possible an additional copy of specifications and drawings should be furnished 
for the use of the flhng agent. 



CUBA 



While Cuba remained a Spanish colony, inventions could be protected by 
registering the Spanish patent in the Colonial Office for the Colonies. By a 
Ministerial Order dated July 28, 1898, the extension of patents to the Colonies 
was suspended until further notice, so that no attempt is now made to give 
protection to inventions under Spanish patents. 

Upon inquiry at the State Department in Washington we find that there is 
no intention, at present at least, to enforce the United States law upon patents 
in Cuba, even if the law" could be made applicable there without special legisla- 
tion to that end by Congress. 

There is a local law upon patents, but we believe it is practically of no effect, 
as we cannot find that any attempt has ever been made to enforce it. 

Under the above circumstances it seems unlikely, therefore, that any pro- 
tection can be had for inventions until a stable government has been formed and 
adequate laws adopted or passed. 



DENMARK. 



Under the regulations now in force the following documents must be fur- 
nished in connection with applications for patents : 

DOCUMENTS REQUIRED. 

1. Power of Attorney. — In the Danish language, signed by the applicant. 

2. Specification. — Written or printed on any paper. No signatures neces- 
sary. 

3. Drawings in Duplicate. — One copy must be upon good, white drawing 
paper or bristol board, and the other copy upon tracing cloth. The sheets must 



138 DENMARK. EGYPT. FIJI ISLANDS. 

measure exactly 33 centimeters (13 inches) in height, by 21, 42 or 63 centi- 
meters (8i, 16i or 24f inches) in width. A single marginal line must be 
drawn, all around, 2 centimeters (xf inch) from the edge of the sheet, and at the 
top of the sheet a clear space of 3 centimeters (IfV inches) should be left blank, 
between the figures of the drawing and the marginal line. It will be noted 
that these requirements are the same as the German. 

4. If the Applicant is an Assignee, an assignment must be furnished, legal- 
ized by a Danish Consul. 



EGYPT. 

LAW AND PRACTICE. 

While no law relating to patents of invention has yet been passed in this 
country, inventions may, nevertheless, be x^rotected there. The International 
Mixed Tribunals, which have existed in Egypt since February 1, 1876, have 
jurisdiction overall causes of action arising between natives and foreigners, and 
between foreigners when these latter are of different nationalities. In the 
absence of special laws regarding industrial and intellectual property, such as 
inventions, designs, trade marks and co]3yrights, the Mixed Tribunals have 
established the rule that the general princij)les of law and equity shall be 
applied in all actions coming before them, and will, in consequence, upon good 
and suflScient evidence, condemn infringers and counterfeiters to terms of im- 
prisonment or the payment of damages, or both, as the case may require, in 
order to do justice, and in a number of cases of late years wrong-doers have been 
severely punished. The mere introduction into Egypt of counterfeited goods, 
or goods bearing a counterfeited trade mark, has, on mpre than one occasion, 
given rise to judgments carrying heavy penalties. 

As no special laws exist, the registration of inventions, trade marks and 
designs, is not at all compulsory, but in order to establish evidence of ownership 
and user, and to warn the public against counterfeiting and infringements, the 
Egyptian lawyers have adopted a system of registration, causing the inventions, 
trade marks and designs which they desire to protect, to be enrolled and 
registered in a special book kept at the Eegistry of the Commercial Mixed 
Tribunals in Alexandria. 

"We effect these registrations, and, when it is desired, for the sake of estab- 
lishing further evidence of ownership, and to more fully warn the public, to 
advertise the invention or trade mark, we can arrange to establish agencies, and 
to effect such advertising in the principal Egyptian newspapers and journals. 

DOCUMENTS REQUIRED. 

1. Power of Attorney. — Signed by the aj)plicant, and acknowledged before a 
Notary Public. 

2. Specification in Duplicate. — One copy at least should be signed by the 
applicant. 

3. Drawings in Duplicate. — On tracing cloth, any suitable size. No signa- 
tures required. 

FIJI ISLANDS. 



Documents Required. — The petition, declaration, specification and drawings 
must all be in duplicate. The duplicate petition and declaration, may, in case 
of necessity, be signed by the agent, but it is much better that these docu- 
ments, as well as the others, should be executed by the applicant. 

Taxes. — No taxes are payable after the issue of the patent. 



FINLAND. 139 

FINLAND. 



Law. — A new law has been enacted, dated January 21, 1898, which will 
enter into force on January 1, 1899. A decree of the same date contains pro- 
visions regarding judicial procedure in case of infringements, nullity and for- 
feiture of patents, etc. 

Who may be Patentee. — The actual inventor or those deriving rights from 
him. If several applicants lodge applications for patents upon the same in- 
vention, the applicant that first filed his application in due form will be entitled 
to the patent. If a person emialoyed in the business of another person makes 
an invention in executing the orders of his employer, or if an invention is made 
that, for other reasons, and by virtue of the conditions under which said person 
is engaged, must be considered as being the j)roperty of the employer, the 
latter will be the only person having the right to obtain a patent for the said 
invention, Unless a contract exists between the parties providing otherwise. 
Patents are granted alike to natives and foreigners, the latter, however, must 
always have a duly authorized attorney resident in Finland, not only to obtain 
a patent, but during the life of the patent under the penalty of the forfeiture 
of the patent. 

Patents, Kind and Term. — Patents of Invention, granted for fifteen years, 
counting from the date of their concession; Patents of Addition, granted for the 
unexpired term of the original patent and expiring therewith. 

Unpatentable. — Patents will not be granted for inventions the use of which 
would be contrary to the laws or to good morals. If the invention relates to a 
food or a remedy, or to a composition produced by means of a chemical process, 
the patent will not be granted for the product itself, but only for a special 
process of manufacture. 

Novelty. — Effect of Prior Patent or Publication. — Patents are only granted 
for new inventions applicable to industry. An invention is not considered as 
new if before the filing of the application for a patent it has been publicly de- 
scribed in a manner so detailed, or used in a manner so public, as to permit 
persons versed in the industry to which the invention relates to make use of 
the invention. A publication made in consequence of an application for a 
patent made to a foreign government, cannot be an obstacle, in Finland, to the 
grant of a patent in favor of the same applicant, or those deriving rights from 
him, if the application therefor is filed within a term of six months, counting 
from the date of the said publication. When an invention figures in a public 
exhibition in Finland, or in the Russian Empire, or in a foreign international ex- 
hibition, the publication or public use incidental thereto cannot be an obstacle 
to the grant of a patent in Finland if the institution charged with the delivery 
of patents in Finland is duly advised before the exhibition of the invention, 
and if the application for patent is duly filed within six months from the date of 
such advice. 

Taxes. — A tax of 30 marks is payable upon the filing of an application for 
patent. During the life of the patent the following taxes are payable, annually 
in advance, counting from the grant of the patent, viz. : 20 marks, each, for the 
second and third years; 40 marks, each, for the fourth to the sixth years, in- 
clusive; 50 marks, each, for the seventh to the ninth years, inclusive; 60 marks, 
each, for the tenth to the twelfth years, inclusive; and 70 marks, each, for the 
thirteenth to the fifteenth years, inclusive. Three months' grace is allowed for 
the payment of any tax upon the payment of a fine amounting to one-fifth of 
the amount of the tax then due. A patentee may pay several years' taxes at a 
time in advance, but in this case if the patent ceases to exist for any reason, no 
part of such taxes will be refunded. No annual taxes are payable upon Patents 
of Addition. 



140 FINLAND. 

Assig'unieuts. — All assignments and licenses must be duly recorded at the 
Direction of Industry. In default of such registration the assignments or grants 
will be \^ithout effect with respect to third persons that may have treated in 
good faith with the assignor. 

In order to record an assignment the following documents must be supplied. 
1. A deed of assignment, signed by the assignor, and legalized by a Eussian 
Consul. 2. Power of Attorney, signed by the assignee, authorizing the record- 
ing of the assignment. This document also must be legalized by a Eussian 
Consul. 

Working. — If, within a period of three years, counting from the delivery 
of the patent, the owner of the patent has not worked the invention in Finland 
to a considerable extent, or if, afterwards, the working is interrupted for a 
year, the owner of the patent is obliged to grant licenses to other i^ersons to 
work the invention, if such licenses are asked for, for a reasonable remun- 
eration suitably guaranteed. The court of Helsingfors is charged with the 
settlement of all controversies arising out of the grant of such licenses, and the 
proper remuneration or security therefor. If the invention is not worked in 
Finland to a considerable extent, but, on the contrary, is worked outside of the 
country, the owner of the patent is obliged, so far as is possible, to render acces- 
sible, in the country, at a reasonable price, the merchandise patented or manu- 
factured under a patented process. In default of this, the competent tribunal 
may declare the forfeiture of his rights, upon the demand of persons believing 
themselves injured thereby. 

Effect of Patent. — A patent of invention prevents anyone, not authorized 
by the inventor, from making in the country, in the exercise of his business, 
the objects protected by the patent, or from applying a patented process of 
manufacture; also from the sale, or emj^loyment in his business, and from im- 
porting into the country for sale or for other industrial purpose, the objects 
that are patented, or that are made according to a process patented in Finland. 

An invention for which a patent has been demanded enjoys provisional 
protection during all the time in which the application may remain in sus- 
pense. 

A patent has no effect against a person who, at the time the aj)plication for 
the patent was hied, had employed the invention in the country, or had taken 
the measures essentially necessary for employing it. A patent does not present 
any obstacle to the emxDloyment of the invention upon ships and other means 
of transport that only come transitorily into the country. 

Expropriation of Inventions.— If the Emperor and Grand Duke decrees 
that a patented invention must be put at the free disposal of any one, or that 
it must be worked for the account of the State, the patent cannot present any 
obstacle, but in this case the owner of the patent has right to an equitable 
remuneration. 

Compulsory Licenses. — If the owner of a j)atent does not work it to a con- 
siderable extent within Finland, he is obliged to grant licenses to other persons, 
if they demand them, giving sufficient guarantees for the payment of an equit- 
able remuneration. The same obligation rests upon the patentee if he does 
not work the invention as required by the law, in case the Administrative De- 
partment of the Senate, upon the demand of a person interested to obtain a 
license, decides that the public welfare demands the grant of the license, or in 
case a license has been demanded by the owner of a subsequent patent protect- 
ing an important invention that cannot be used without infringing the prior 
patent. In the latter case the owner of the prior patent may, if he desires it, 
and the circumstances permit, be invested with the right to work the subse- 
quent invention. If under the above circumstances, and if the conditions and 
guarantees offered are reasonable, the owner of the patent refuses to grant the 
license, the license may be granted by the tribunal charged with the settle- 
ment of such controversies. 



FINLAND. 141 

The Application, — Procedure. — The grant of patents in Finland is admin- 
istered by the Direction of Industry, the examination of applications being 
conducted by at least one technical member and one jurist sitting together, 
while in making and rendering decisions at least two members, besides the 
President, must be present. A separate application must be filed for each in- 
dependent invention. Applications filed without the tax payable upon applica- 
tion, or without a power of attorney if the applicant is a foreigner, will be 
rejected without examination. If the Direction of Industry judges that the 
object of the invention is not patentable, or that the invention evidently lacks 
novelty, the application will be rejected. In case of irregularities a reasonable 
time is fixed within which suitable amendment may be made. If no reasons 
exist for refusing the ajoplication, the Direction of Industry, within two months, 
counting from the filing of the application or of any necessary amendment, 
will publish the application in the olficial journal of the country, indicating 
the object of the invention and announcing that the invention is provisionally 
protected. The application and the documents and annexes are then laid 
open to public inspection. If the applicant demands it in due time, the pub- 
lication above mentioned may be delayed for an additional term of four months. 
Whether the publication is delayed or not, the applicant has the right, before 
the publication, of amendinghis specification. 

During the term of two months from the date of the above publication, 
anyone has the right to enter opposition in writing to the grant of the patent 
upon the ground either {a) that the subject-matter of the invention is not legally 
patentable, [b) that the invention does not possess the required novelty, or (c) 
that *the applicant has no right to obtain a patent. An opposition affirming 
that the applicant has illegally appropriated the invention of another, not yet 
published or publicly worked, or that the invention does not belong exclusively 
to the aj^plicant, can only be presented by the person injured thereby. In the 
latter case the party injured may demand that a patent be granted to him either 
for the entire invention, or for that j)art of the invention to which he has a 
right. The Direction of Industry may hear the parties personally, receive the 
testimony of witnesses, or require the services and advice of experts. 

If an invention is identical with an invention already patented, the patent 
will only be granted for the novel features of the invention. If an invention 
depends upon another invention already patented, in that it cannot be worked 
without the consent of the owner of the prior patent, the Direction of Industry 
will mention the fact in the patent, but this will not prevent the courts from 
deciding the question of dependence. If the patent is granted, the Direction of 
Industry will deliver the patent as soon as possible, and order publication of 
the grant in the official journal. If the patent is refused the refusal is pub- 
lished in the official journal. 

Appeals. — If an application is not admitted to examination, or is rejected, 
or if the patent is not granted to the extent demanded, an appeal may be taken 
to the Administrative Department of the Senate, within sixty days from the 
date of the decision appealed from. If the appeal relates to a technical ques- 
tion, the Senate may order a second examination by competent persons. 

Annulment of Patents. — If the specification of a patent is so inexact or 
incomplete that an expert person cannot make use of the invention by the aid 
of the specification, any person thinking himself injured thereby may bring an 
action for the annulment of the patent. If such action is founded upon the 
fact that the invention patented resembles in part an invention already patented 
by another person, the i^atent will be declared void in so far as the invention is 
old, but will remain in force for so much of the invention as is novel. An 
action for the purpose of declaring a patent dependent upon a prior patent may 
be begun by the owaer of the latter. If anyone illegally ap^Dropriates an in- 
vention belonging to another that has not yet been published or publicly 
worked, and if he has obtained a patent for it, or if he obtains a patent for an 
invention not wholly his own, an action of nullity may be begun by the party 
injured only. la such case the party injured has the right to demand that the 



142 FINLAND. FKENCH INDO-CHINA. 

patent be assigned to him, wholly, or so much of it as may belong to him, but 
these actions cannot injure the rights of persons that have treated in good faith 
with the holder of the patent. 

Infring'emeiits. — If an infringement of a patent is committed by a person 
that knows or that should know that his acts constitute a violation of the 
rights of a patentee, the guilty party must repair all the damages caused to the 
owner of the patent. In case the infringement is committed knowingly the 
guilty person is liable to a fine of from 20 to 2,00U marks, and, where particu- 
larly aggravating circumstances exist, to an imprisonment not exceeding one 
year. Merchandise illegally made, used, sold or imported found in the pos- 
session of a guilty party, will be, upon the demand of the party injured, and 
unless an agreement to the contrary is reached between the parties, reduced to 
a form that renders it unusable, except in case it may be preserved without 
trouble until the expiration of the patent, under the seal of the executive power, 
in an appropriate place furnished by the guilty party. The above rule also 
applies to apparatus that has been used in infringing, and exclusively so used. 
At the demand of the injured party the tribunal may pronounce the sequestra- 
tion of the said objects up to the time final judgment is rendered; the demander 
must furnish, if necessary, an appropriate place for their preservation, and 
give bonds for costs and damages. 

False Marking". — Falsely marking merchandise, or packages containing 
same, as patented, or claiming in advertisements or otherwise that merchandis e 
is patented when it is not so, is punishable with a fine of not to exceed 500 
marks. 

Transformation of Old Patents. — Anyone haviug obtained. a patent under 
a former law may demand a patent under the present law, but only for the 
remainder of the term of the old patent. Upon examination of such an appli- 
cation the question of novelty will be examined from the point of view of the 
conditions existing at the time the original patent was delivered. Taxes will 
be payable upon the transformed patent, and for this purpose only the com- 
mencement of the patent is reckoned as from the date of the issue of the 
original patent, and without deducting any of the taxes paid upon the original 
patent. Untransformed patents will continue to be dealt with under the laws 
under which they were granted. 

DOCUMENTS REQUIRED, 

1. Power of Attorney. — Signed by the applicant before a Notary Public 
who must affix his seal. No further legalization required. 

2. Specifleatiou. — Written or printed on any suitable paper. No signatures 
required. Solicitors are requested to furnish an additional copy of the speci- 
fication for the use of our agents, whenever possible. 

3. Drawing's in Duplicate.— On tracing cloth of any suitable size. No 
signatures required. Solicitors are requested to furnish an additional copy for 
agents' use whenever possible. A tracing or a copy on white paper will be 
sufficient. 



FRENCH INDO-CHINA. 

By a decree of June 24, 1893, the patent laws of France, dated July 5, 
1844; May 31, 1856, and May 23, 1868, were made applicable to Indo-China. 
Applications filed in Indo-China must be lodged in the office of the Secretary 
General of Cochin- China at Saigon, or at the capital of some one of the other 
provinces. The French patent, we understand, extends to Indo-China without 
further formality or registration. 



GEKMANY. GIBKALTAE. 143 

GERMANY. 

Xew Rules of Practice go into effect January 1, 1899. The most important 
provisions relate to dra-wings and samples to accompany applications, and are 
summarized below. 

Drawing's in Duplicate. — The princif)al drawing should be made on " strong, 
smooth, white paj)er, so called cardboard," the additional drawing on tracing- 
linen. The principal drawing must measure 33 centimeters (13 inches) high by 
21 centimeters [8^ inches) in width. If necessary for the sake of clearness a 
width of 42 centimeters (16J inches) is allowed. 

The additional drawing, (tracing), must be 33 centimeters in height, and the 
\^ddth is unlimited; the figures and letters of reference should be arranged so 
that the 38-centimeter edge of the sheet stands uj)right to the reader. At the 
left-hand and right-hand edges a margin of at least 3 centimeters should be left. 

.Only perfectly black, strong, clearly defined lines, figures or letters should 
appear on any drawings, and in the principal drawing sectional surfaces should be 
indicated either perfectly black or shaded with perfectly black oblique lines. 
The principal drawing should be suitable for j)hotographic reproduction. Ex- 
planations in writing should' not be introduced into the drawings, and the differ- 
ent figures should be numbered consecutively, without reference to the number 
of sheets employed. 

As letters of reference, the small Koman characters (a, b, c, etc.), should be 
used simply and clearly indicated, and when the alphabet is exhausted, numerals 
should be employed. Section lines should be indicated by Roman capitals. 
Angles should be indicated by the small Greek characters (a y, etc.). In all 
cases the same parts should be indicated by the same letters in the several figures, 
and the use of " prime " marks, and exponent letters or figures is only allowable 
in cases where the same part is shown in different positions in the same figure; in 
this case the same reference letter is to be retained for all positions and the posi- 
tions distinguished by strokes or numerals placed at the right upper side of the 
letter of reference. Directions of movements should be indicated by arrows. 

Re Samples. — The requirements as given on pages 34 and 35 of our book are 
modified in the following respects. Chemicals. — If the application refers to a 
chemical process of general applicability, by which whole groups of compounds 
are obtained, samples of the typical representatives of the groups should be filed. 
If, however, different modifications of a chemical process are claimed, and if the 
single substances thereby obtained are enumerated, samples of each of these sub- 
stances should be furnished. These samples should be submitted as directed on 
page 35 of our book. 

Duplicate samples are no longer required. Samples of chemical substances,, 
dyes and dyed fibers, are no longer required to be furnished in duplicate. 



GIBRALTAR. 

There is no local law providing for the grant of patents. Inventions may,, 
however, be protected in the Colony, the Governor having power to issue sijecial 
grants having the force of letters patent for inventions which are likely to be of 
practical utility in the Colony. The term of protection rests in the discretion 
of the Governor. 

To obtain such a grant it is necessary first to obtain a British patent upon 
which the grant is based. A petition in duplicate is then presented to the 
Governor, together with a certified copy of the British patent, and also a certified 
copy of the complete specification of the invention, together with the necessary 
drawings. 



144 GIBRALTAE. GREECE. GUATEMALA. 

The Governor then sends the duplicate petition to the Secretary of State for 
the Colonies in England, and when the grant comes out to Gibraltar an Ordi- 
nance is passed conferring the privilege, etc. 

DOCUMENTS REQUIRED. 

1. Poiver of Attorney. — Signed by applicant, with two witnesses. 

2. Certified Copy of British Letters Patent. 

3. Specification in Duplicate. — Must be copies of the complete sjjecification 
as filed for the British j)atent, and one copv must be certified bv the British 
Patent Office. 

4. Drawing's in Duplicate. — On tracing cloth or bristol board any suitable 

size. Xo signatures necessary. 



GREECE. 



LAW AND PRACTICE. 

Inventions can only be protected in Greece by way [of special legislative 
grant. These special grants or concessions have, in past years, been quite diffi- 
cult to procure, and have occasioned so large an expense (sometimes fully $2,500), 
that inventors have seldom attempted to obtain them. 

It has been thought by some authorities that inventions were protected 
under the provisions of the Penal Code of 1833 (see Copinger on Copyrights, 
page 566). The provisions of the Code are general, making no distinction be- 
tween literary, artistic or industrial copyright, and granting protection for a term 
of 15 years, which term may be extended by the King in certain cases. Foreign- 
ers enjoy the benefits of the protection, provided the country in which they 
reside grants similar protection to subjects of the King of Greece. The best 
Grecian lawyers, however, are of the opinion that these j^rovisions of the Code 
do not afi'ord protection for inventions, but are intended to cover literary prop- 
erty only. 

During the past few years the subject of industrial and intellectual property 
has received considerable attention in Greece. A special law has been passed 
for the protection of trade marks, and while no special law has been enacted 
with regard to inventions, the legislature has been found ready to give protection 
by way of special enactment, and the cost of securing these special grants has 
been greatlv reduced. 

DOCUMENTS REQUIRED. 

1. Power of Attorney. — Signed by the applicant and legalized by a Consul 
of Greece. 

2. Specification in Duplicate. — One copy should be signed by the inventor. 
No witnesses ; no legalization. 

3. Drawings in Duplicate.— On tracing cloth, any suitable size. No wit- 
nesses nor legalization required. 



GUATEMALA. 



Law. — A new jDatent ] aw, that of December 17, 1897, has been j)assed and is 
now in force. According to its provisions patents will be granted to foreigners 
only when they have resided in the Republic of Guatemala for at least one year's 
time, or when onlv bv this means a new industrv would be established in the 



GUATEMALA. 145 

cotintrv, and there are international treaties or conventions providing for the 
issue oi patents in such cases. Guatemala was one of the original members of 
the International Convention, but withdrew from same on November 8, 1895. 
Guatemala at present has treaties or conventions with France, Honduras, San 
Salvador, and Costa Kica, providing for the reciprocal protection of industrial 
property. 

LAW AND PRACTICE. 

Who may be Patentee. — All Guatemalans, and foreigners who have resided 
for one year in the Republic, and who have invented or improved a machine, in- 
strument, mechanical apparatus, manufacture of any kind, method, a new indus- 
trial jDroduct, the new application of known means for obtaining a new result 
or a new industrial product, or an industrial process of useful application to the 
sciences or arts, may obtain a patent. Inventions made abroad may only be 
patented when only by this means a new indiistry will be established in the 
country, the process for making the invention being secret, and in such case, only 
where there are international treaties or conventions x^i'O'^iding for the grant of 
patents to inventors residing outside the country. 

Patents, Kind and Term. — Patents of Invention granted for from. five to fif- 
teen years. Patents of addition granted for the remainder of the term of the 
original patent and expiring therewith. Any person who has improved a patented 
discovery or invention may obtain a patent of addition. A person that improves 
the invention of another, that is already patented, may not use the principal in- 
vention without the consent of the inventor, nor may the owner of the original 
patent use the improvement without the consent of the owner thereof. 

Unpatentable. — Patents will not be granted for discoveries or inventions that 
were known in Guatemala or abroad as the whole or as part of a process 
already used, nor when the invention or improvement would be contrary to the 
rights already acquired by a third party, to the public security or health, or to 
morals. 

Novelty, Eflfect of Prior Patent or Publication. — To obtain a valid patent the 
invention must be new at the time the application is filed, i. e. , not known in 
Guatemala or abroad as the whole or as part of a process or invention already used. 

Taxes. — An annual tax of 30 pesos is payable during the life of the patent. 
The first tax of 30 pesos is payable upon the filing of the application, in addition 
to the usual stamp duties. The second and each subsequent year's tax is pay- 
able in advance, within the first 10 days of January of each year. There is no 
grace for making the payment; if the payment is not made, the patent will be 
declared cancelled. 

Assignments. — A patentee may assign or transfer his rights under any con- 
ditions which he may deem opportune, but there must always be some one obli- 
gated to j)ay the annual taxes. Assignments must be registered in the book of 
patents and published in the official periodical, [Biario Oficial). The assign- 
ment must state whether only the right to work the invention or the entire 
privilege is assigned, and whether the assignment covers a determined population 
or the entire Republic. 

The assignment should be drawn in the form of a contract, be executed in 
duplicate by both assignor and assignee before a Notary Public, and if executed 
outside of Guatemala should be legalized by a Guatemalan Consul. With the 
deed of assignment must be furnished a power of attorney signed by the as- 
signee authorizing the recording of the transfer. The original patent should 
also be produced. 

Working. — The patent will be forfeited if one year passes, counting from 
the date of the j)atent. without the industry or enterprise for which the patent is 
demanded or granted being put into practice in Guatemala; or if the industry or 
enterprise after it is thus started is abandoned for a year. There is no doubt 
but that the law contemjDlates the actual establishment of a manufactory or new 



146 GUATEMALA. 

enterprise in Guatemala as one of the conditions of the grant of a patent and its 
maintenance in force. It is, however, believed, that in case of machinery, in- 
struments or apparatus, it will be sufficient if they are imported into Guatemala 
in reasonable quantities, and there used or offered for sale. 

The Application, — Procedure. The Patent Office is under the charge of the 
Direction General of Statistics. The application is presented to the Secretary 
of Fomento, each page of the application bearing a stamp of the value of 25 
centavos. At the foot of the petition the Secretary makes note, under his sig- 
nature, of the hour and day in which it was presented, giving a receipt to the 
ai3]3licant, if same is requested. The application must be accompanied by 
models, drawings or samples, according to the nature of each case, and by a 
sworn declaration, the signature to same being legalized by a Notary Public, to 
the effect that the invention has not been known before. The application is then 
advertised in the official periodical for a term of one month, and is then passed 
to the Office of Public AVorks, in order that it may be determined whether the 
invention possesses the required novelty, and what may be its advantages or 
disadvantages to industry or to the public health or security. An expert may be 
called in to report upon the same at the expense of the applicant. If no opposi- 
tion is made to the grant of the patent, and the report of the persons to whom 
the novelty and usefulness of the invention are referred is not adverse, the 
Government proceeds to issue the patent. 

Marking Patented Articles. Neither civil nor criminal actions may be 
brought for infringements, unless all patented articles bear indication of their 
being patented, and the number of the patent, whenever it is possible to thus 
mark them. 

Infring-emeuts. These will be punished with the penalty of from six months 
to one year of imprisonment, commutable in whole or in part in accordance with 
Article 46 of the Penal Code : 1st. Those that falsify machines, apparatus or 
pieces of patented apparatus; 2nd. Those that with knowledge that they are fal- 
sified, sell the above; 3rd. Thosethat falsify patented products or manufactures; 
4th; Those that with knowledge that they are falsified sell the same; 5th. Those 
that have made a false declaration as to the novelty of the invention; 6th. Those 
that make it to appear that an article is patented without its being so. 

Those that sell infringing articles are obliged to give to the patentee the 
name of the author or seller of them, and the date when they were sold, being 
considered as accomplices in case they do not give satisfactory explanation of 
their actions. In addition to the penalty named above there is imposed that of 
the loss of the infringing articles and the payment of costs and damages. Work- 
men who disclose the secrets of the manufactories in which they work with ref- 
erence to patented processes are accomplices of the guilty parties above named. 

No one can bring either civil or criminal action for infringement after the 
lapse of three years from the committing or repetition of the crime, or after one 
year, counting from the day on which the patentee had knowledge of the act for 
the first time. 

Patents under Prior Laws. Whoever has obtained a patent under a prior 
law will be understood to have renewed his application under the present law 
upon proving to the Patent Office that he has paid the tax called for by Article 5, 
(the first tax of 30 pesos). Unless this proof is made, the patent will be cancelled, 
notice of same being announced in the official periodical. 

DOCUMENTS REQUIRED- 

1. Power of Attorney. — Signed by the applicant before a Notary Public and 
legalized by a Guatemalan Consul. 

2. Specification. — May be upon any suitable paper. No signatures required. 

3. Drawing-s in Duplicate. — Upon tracing cloth, any suitable size. No sig- 
natures required. 



HAWAII. HONDURAS. HONG KONG. 147 

HAWAII. 



The Hawaiian Islands were annexed to the United States during the year 
1898, and we understand that no separate patent is now granted, but that the 
protection afforded by a United States patent now extends to these Islands. 



HONDURAS. 



Earnest efforts are being made to secure the passage of a patent law, and it 
it is believed that the coming year will see the enactment of such a law, con- 
taining liberal provisions for the encouragement of inventors. 

At present patents are granted by the President by and with the consent of 
Congress. The patent usually contains a number of provisions, among which 
may be mentioned : 

First, — That a certified copy of a foreign patent must be filed, showing that 
the invention is protected in the country of origin. 

Second, — The grant is conditioned on the payment of a yearly tax of, 
usually, 20 pesos, payable, without grace, at the beginning of each year. 

Third, — The Government must be notified of any assignment, and its con- 
sent must be obtained to such a transfer. 

Fourth, — The grant is for ten years and amounts to a confirmation of the 
foreign patent, the term running from the date of the decree or grant. 

Fifth, — The patent or grant cannot prejudice the right of a third party, pre- 
viously and legitimately acquired. 

DOCUMENTS REQUIRED. 

1, Power of Attorney. — Signed by the applicant, and legalized by a Consul 
of Honduras. 

2. Specification in Duplicate. — In the Spanish language. No signatures 
required. 

|!^!^3. Drawing's in Duplicate. — On tracing cloth, any suitable size. No sig- 
natures required. 

4. A certified copy of the letters patent granted by the country in which 
applicant resides. 

HONG KONG. 



Documents Required.— In preparing applications for patent for Hong Kong, 
the following directions should be followed, as well as those quoted under 
" Documents Required " on page 41 of our book. 

First. — The petition and power of attorney should be signed before a 
British Consul. 

Second. — If a Blue Book of the British Patent upon which the application 
is based is not filed within six months after the grant of a patent, the grant is 
void. 

Third. — The documents may be signed before a Notary Public and legalized 
by a British Consul. But trouble may arise in this case. If possible, all the 
documents should be signed before a British Consul and should be certified to 
by him. 



148 HUNGAEY. 

HUNGARY. 



Law. — A separate and independent patent is now required in order to secure 
protection in Hungary. The law in force is that of July 7, 1895, which has been 
in operation since March 1, 1896. 

LAW AND PRACTICE. 

Who may be Pateutep. — The actual inventor or his successors, (assigns), or 
legal representatives. A firm or corporation may apply for and obtain a patent 
in its own name, if it is the assignee of the inventor. It is sufficient for an 
assignee to simply sign the usual power of attorney. It is not necessary to for- 
ward an assignment before issue, as the Patent Office considers that the first 
applicant applies with right. 

Patents, Kind and Term. — Patents of Invention, granted for a term of fif- 
teen years, counting from the date upon which the application therefor 
is filed. Patents of Addition, granted for the remainder of the term of the 
original patent and expiring with it: should, however, the original patent be 
renounced, revoked, forfeited or annulled, the Patent of Addition becomes a 
principal and independent patent, continuing to run until the expiration of the 
term for which the original patent was granted. Patents of Addition are ob- 
tainable only by the owner of the original patent. Patents of Improvement, 
granted for a term of fifteen years to the owner of an original patent only, dur- 
ing the first year of the life of the original patent, and after the first year either 
to the original or subsequent inventors. Should a subsequent inventor apply 
for a Patent of Improvement during the first year of an original patent, his ap- 
plication will be kept secret until the exf)iration of the year, when, if the 
original inventor has not applied for a patent covering such improvement, a 
patent will be issued therefor to such subsequent inventor. 

Unpatentable.— A patent cannot be granted for an invention: 1st, the work- 
ing of which is contrary to a law, or an ordinance, or to public morals; 2nd, 
which relates to arms for war purposes, explosives, ammunition, fortifications 
or ships of war, necessary for increasing the belligerent power of the Austro- 
Hungarian army, the navy or the Hungarian militia — provided, the Minister of 
Commerce enters an opposition against the grant of such x^atent within the 
term named in the law; 3rd, for scientific theorems or principles, as such; 4th, 
for articles serving for human nourishment, for medicines, and articles produced 
by chemical processes, — the process employed in making such articles can be 
patented, however; 5th, nor for an invention, the essence of which has been 
taken from the description, drawings, models, devices, apparatus or construc- 
tion, or from the process employed by another jDcrson, without the permission 
of the inventor, or his successor, if the latter enters an opposition to the grant 
of such i^atent. If in consequence of such opposition the application is with- 
drawn or rejected, the opponent can, if he files an application within thirty 
days from the receipt of the information of such fact, claim that the priority 
of his own application is to be reckoned from the date of the former application. 

Noveltj', Effect of Prior Patent or Publication. — Anjnew invention capable 
of being utilized industrially can be patented. An invention is not regarded as 
new, if, at the time of the application for i)atent: 1st, it has been made so known 
by published printed publications, or other reproductions, that it can be used 
by persons skilled in the art ; 2nd, if it has been made so known by public work- 
ing or by exhibition that its employment by persons skilled in the art has been 
made possible; 3rd, if it has formed the subject-matter of a prior patent. An 
invention is regarded as new notwithstanding publication or working, if since 
its last publication or working, up to the date of the application for patent for 
it, a term of one hundred years has elapsed; whether an official ^publication 
published in a foreign State deprives an invention of novelty is determined by 



HUNGARY. 149 

the treaties in force between Hungary and tlie foreign State in question. A 
patent has no effect against a person who, before the date the api3lication for the 
patent was filed, has used the invention within the Hungarian territories, or 
who has made preparations involving its use; such person may use the inven- 
tion for the purposes of his business, in his own or other establishments, but 
cannot assign this right excej)t in connection with his own business. 

Taxes. — A tax of twenty kronen must be paid on application for any patent 
or patent of addition. Besides this tax the following yearly annuities must be 
paid: For the first year 40 kronen; second year, 50; third year, 60; fourth year, 70, 
fifth vear, 80; sixth year, 100; seventh year, 120; eighth year, 140; ninth year; 
160; tenth year, 200;" eleventh year, 250; twelfth year, 300; thirteenth year" 350; 
fourteenth year, 400, and fifteenth year, 500 kronen. All taxes are payable yearly, 
counting from the date upon which the application for the patent was filed' 
Thirty days' grace, without fine, and an additional thirty days with j)ayment 
of a fine of 20 kronen, are allowed for the payment of any tax, whether the 
patent was issued under the new or the old law\ A patentee may pay th-e annu- 
ities for any number of years, from 1 to 15, as he may desire. If a principal 
patent is surrendered, or is annulled or forfeited, the patent of addition, if any, 
becomes an indej)endent patent, and is considered as taking the place of the 
original and principal patent, in so far as the payment of annuities is concerned, 
i. e., the amount of the tax, and the time for making the payment will be the 
same as if it were the original and ']orincipal patent. 

Assignments. — The owner of a patent has the right to assign his iDatent as a 
whole, or in part, to living persons, and to permit others to work or to use his 
patent, with or without restrictions. The transfer of the right of 23roperty in a 
patent is only valid with respect to third parties when the assignment has been 
registered in the Patent Register in the Patent OflSce, but such transfer, 
although not registered, is legally valid against a person who, at the time when 
he acquired a right in the patent, was aware of the fact of a jarevious assign- 
ment. The validity of registered licenses for working or using is not affected 
by assignments of the patent. The right of working or using a patent, and the 
obligations connected therewith, descend to the heirs. An assignee or licensee 
can assign his rights among living persons only, if, according to the agreement 
made with the patentee, this is explicitly permitted. If the patent be granted 
or assigned to two or more persons, they are regarded as joint owners, with 
equal shares, unless a different agreement be made. Each Joint owner can freely 
use the patent and dispose of his share. 

The documents required for efi'ecting the registration of an assignment are: 
1st, a deed of assignment, signed by the assignor, and legalized by an x4.ustrian 
Consul; 2nd, a power of attorney, signed by the assignee, and legalized by an 
Austrian Consul; 3rd, the patent deed. The patent deed will be returned as 
soon as the registration is efi'ected. 

Working's. — A patent can be revoked in whole or in part, if the owner 
thereof has neglected to work his invention within Hungarian territories, in sub- 
stance and to an adequate extent; or if he has unjustifiably interru^Dted such 
working or use by suspending the same; or if he has not at least done, according 
to his own and the country's circumstances and conditions, all that is necessary 
for securing and continuing such working. Such revocation cannot, as a rule, 
take ]3lace before three years after the publication of the grant of the patent. 

Such revocation can, exceptionally, take place at an earlier time, if the 
owner of the patent does not meet the demands of the country, or does not -pev- 
mit it to be done by granting licenses, and does not fulfill this obligation within 
a term fixed by the Patent Office, after due consideration of the circumstances. 
This action can be taken notwithstanding the fact that the invention is worked 
abroad, if the working in Hungary is desirable, having regard to the iDublic in- 
terest. 

A patent may be revoked in whole or in part, if, after three years from 
the publication of the grant thereof, the owner of the patent does not work his 
patent to an extent adequate to the demands of the country, and refuses to grant 



150 HUNGAEY. 

unto other trustworthy manufacturers, in the country, the necessary licenses, for 
a suitable compensation, and on good security, such compensation being deter- 
mined by the Patent Office. 

Before such revocation can take place the owner of the patent must be noti- 
fied, a suitable time baing allowed for him to comply with the requirements. 

The Patent Office. — The Patent Office is under the supervision of the Min- 
ister of Commerce. The patent authorities are: 1. The Patent Office, having 
two departments, the Application Department, and the Judicial Department, 
the officers of which are a president, a vice-president, permanent judicial and 
technical members, and non-permanent judicial and technical members, ap- 
pointed for a term of five years. 2. The Patent Senate, consisting of the pres- 
ident, of assessors chosen from amongst the members of the Supreme Courts of 
Justice, these serving during the entire time of their magistrature; also as- 
sessors chosen from amongst the Professors of the Royal Hungarian Polytech- 
nical University, who serve for a term of five years; together with the necessary 
number of assistant officials. The Application Dej)artment decides questions in 
meetings of three members, two of which are technical and one a judicial member. 
The Judicial Department decides questions in meetings of five members, the 
president presiding, two members being members of the Patent Office, qualified 
for a judgeship, and the remaining tw^o being technical members of the Patent 
Office. Members who took part in a decision appealed against cannot take part 
in the session of the Judicial Department in which the appeal is considered. 
Decisions are by majority. The Patent Senate gives its decisions in meetings 
of seven members, presided over by the president, or his substitute, four mem- 
bers being judicial, and two of them technical assessors. 

The Application, — Procedure. — Upon the filing of the application it receives 
its serial number and is entered upon the register. A member of the Applica- 
tion Department examines it and causes the applicant to be requested to make 
any formal amendments that may be necessary. If the applicant does not 
answer to or comply with such request within the term allowed, or within an 
extension of such term, allowed on the request of the applicant, the application 
is considered as withdrawn. But if he removes the defects objected to, or if he 
maintains his application, the latter is decided upon by the Application De- 
partment at one of its meetings. 

If the Application Department finds that the defects are not removed, or 
that the invention is not patentable in the meaning of ^§ 1 and 2 of the law, it 
rejects the application. The novelty of the invention is not officially made the 
subject of examination or decision. 

A rejection of the application can be appealed against before the Judicial 
Department within fifteen days from the receipt of the rejecting decision. 

If the Application Department, or, in case of appeal, the Judicial Depart- 
ment, considers the application to be in due order, and finds that a patent may 
be granted for the invention, it orders that the application be published in the 
Official Gazette of the Patent Office, and the term within which opposition may 
be filed, then commences. On the request of the applicant the publication can 
be postponed for a time not longer than six months; a delay of three months 
cannot be refused. Prom the day of publication, the specification and the an- 
nexed drawings, samples and models, are open for public inspection, the inven- 
tion being meanwhile provisionally protected against unauthorized use. 

Opposition can be entered by any interested party against the grant of the 
patent within two months from the day of publication, but only on the follow- 
ing grounds: 

1. That the invention is not a patentable one, (within the meaning of |^ 1 
and 2 of the law). 2. That the specifications or claims are insufficient, am- 
biguous and misleading, (not fulfilling the requirements of paragraphs 1 and 2 
of I 32) ; and 3. That the invention does not lawfully belong to the applicant. 

A copy of the opposition is handed to the applicant to enable him to reply 
thereto within the term fixed by the Patent Office. At the end of such term the 
Application Department hears the parties, witnesses and experts, and decides 



HUNGARY. INDIA (BRITISH). 151 

upon the grant, the restriction, or the rejection of the patent, and the sharing 
of the costs of the opposition. 

If the decision is in favor of the applicant the Patent Office issues Letters 
Patent to him. In case of unopposed applications. Letters Patent are issued 
to the applicant as soon as possible after the term for opposition has expired. 

Appeals.— The decision of the Application Department may be appealed 
against to the Judicial Department by either party, at any time within 30 days 
from the receipt of the decision. The decision of the Judicial Department is final. 

As to Joinder. — Two or more inventions, differing from one another, cannot 
be comprised in one patent, unless they relate to one and the same object, form- 
ing its constituent parts, or operative means. The effect of a patent granted 
for a process, extends also to the products produced by such process. 

Expropriation of Patent. — The Minister of Commerce may, by ordinance, 
claim a patent, in whole or in part, and for any length of time, for the use of 
the army, the militia, the navy, or for purposes of State's monopoly. In such 
case suitable compensation will be made to the inventor, which, if no agree- 
ment can be made, is determined by the Courts of Law. 

DOCUMENTS REQUIRED. 

1. Power of Attorney. — Signed by the applicant, and legalized by an Aus- 
tro-Hungarian Consul. 

2. Specification. — On any paper, no signature required. The claims should 
be drawn in accordance with the German practice. Combination claims and a 
multiplicity of claims should be avoided. 

3. Drawing's in Duplicate.— One copy on bristol board, and one copy on 
tracing cloth. The sheets must measure exactly 33 centimeters (13 inches) in 
height, by 21, 42 or 63 centimeters (8^, 16J, or 24f inches) in width. A single 
marginal line must be drawn all around, 2 centimeters (13-16 inch) from the 
edge of the sheets, and at the top a clear space of 3 centimeters (1 3-16 inches) 
must be left between the figures of the drawing and the margin line. No signa- 
tures required. 

By a recent decision the Patent Office now requires that the second sheet of 
drawings be made upon transparent tracing cloth (not opaque or semi-opaque) 
and with black China ink only. Printed drawings, such as photo-lithographs, 
autographs, etc., or drawings made with gray China ink will be rejected. In 
practice, however, we find that photolithographs, if finely executed, and with 
lines that are perfectly black and permanent (i. e. , the lines of which will not 
blur or rub off), will be accepted. 

4. If the invention relates to the manufacture of chemical products, (ex- 
plosives excepted), samples of the final products, and of the new intermediate 
products, must be supplied, in bottles of 30 mm. in diameter and 80 mm. in 
height. In case of dyes or coloring matters, samples in duplicate of dyed stuff, 
showing the different stages of the process, must be furnished. The samples 
are to be fixed upon sheets of bristol board, measuring 33 centimeters in height 
bv 21 centimeters in width. 



INDIA (BRITISH 



The requirements as to documents for applications for patents have been 
considerably modified by the rules of October 10, 1895. The present require- 
ments are as follows: 

DOCUMENTS REQUIRED. 

1. Petition with Application. — Must be written or printed on one side only 
of stout paper measuring 8 inches in width by 13 inches in height. The simple 
signature of the applicant is sufficient, no witnesses nor legalization are neces- 



152 INDIA (BEITISH). THE INTERNATIONAL UNION. 

sary. The applicant must, however, sign both the petition and the declaration 
clause following the petition. 

2. Ei^lit Copies of the Specification. — These must be written or printed on 
one side only of stoni paper of a size of 8 inches in width by 13 inches in height, 
leaving a margin of 2 inches at the left-hand side. One copy at least should 
be signed by the applicant. No witnesses or legalization necessary. All altera- 
tions or erasures in any of the documents must be initialled by the apj)licant. 

3. Eight Copies of the Drawings. — These may be made upon tracing cloth, 
the sheets of which should measure 16 inches in width by 13 inches in height. 
The drawings are to occupy the right-hand half of the sheets, and a clear 
margin of one-half inch in width should be left all around that part of the sheet 
occupied by the drawing. The left-hand half of the sheets should be left blank, 
so that, when the applications are bound and the sheets of the drawings are 
opened out, the sheets which lie above them and contain the text of the appli- 
cation or specification will conceal no portion of the drawings. When the size 
of any single drawing is such that a greater width or height is unavoidably neces- 
sary, the size of the sheets may be increased. In such case we advise that the 
size be such that when the sheet is folded it will occupy the above dimensions. 
The drawings need not be signed by the applicant. 

4. Power of Attorney. — Signed by the applicant in the presence of, and 
attested by two witnesses. No legalization necessary. 

5. If the Applicant has obtained a British patent, or made application 
therefor, in the name of a British Patent Agent, as a communication from abroad, 
he must furnish an assignment from such British Patent Agent, expressly con- 
veying to him the right to apply for the Indian patent in his own name. If the 
applicant is an assignee, a deed of assignment must be furnished, conveying the 
right to aj)ply for a patent in India. 

Note. — The particular attention of Solicitors is directed to the fact that it is absolutely necessary 
that the proper forms be used for Indian apphcations. Three sepai'ate and distinct sets of forms are 
prescribed, as follows: Set A. to be used only when no application for an English patent has been 
made, even though it is intended to file such an application later on: Set B. To be used only where an 
application for an Enghsh patent has been made and is pending: Set C. To be used only where an 
English patent has been obtained. Solicitors about to file an Indian application should notify us in 
advance whether or not an English patent has been applied for or obtained, and in case it has been, 
whether the apphcation therefor was made in the name of the inventor, or in that of a British 
Patent Agent as communicatee, so t hat we may prepare and supply proper forms for the applica- 
tion. This course will prevent much unnecessary delay, and save the necessity of executing and for 
warding supplemental documents. 



THE INTERNATIONAL UNION. 

roK 
THE PROTECTION OF INDUSTRIAL PROPERTY. 

On January 1, 1898, the following countries were members of the Inter- 
national Union: 



Belgium. 

Brazil. 

Denmark, with the Faroe Islands. 

Dominican Eepublic, (San Dom- 
ingo). 

France, with Algeria, and all 
French Colonies. 

Great Britain, with New Zealand 
and Queensland. 

Holland, with East Indian Colonies, 
Surinam and Curacao. 

Italy. 



Norway. 

Portugal, with the Azores and 

Madeii-a Islands. 
Servia. 
Spain, with Cuba, Porto Eico, and 

the Philippine Islands. 
Sweden. 
Switzerland. 
Tunis. 
United States of America. 



ITALY. JAMAICA. 153 

ITALY. 

Applications under International Convention. — Hereafter, when an applicant 
for Letters Patent intends to avail himself of the provisions of the International 
Convention, he must, in addition to filing the usual application papers: 

First. — File his application in Italy within the prescribed time, viz., within 
seveyi months from tha date upon which he filed his first application for patent, 
(six months for residents of European countries). 

Second. — He must file a special request that the right of priority ajfforded by 
the Convention be afforded him. 

Third. — He must file a certified copy of the foreign patent upon which his 
application is based, or, if no patent has been issued, a certified copy of such 
application, or a legalized (certified) Certificate, (a certificate issued under the 
hand and seal of the Commissioner of Patents will be sufficient), setting forth 
the fact that an application for patent has been filed, stating the full name, 
address and occupation of the inventor, the title of the invention, and the date, 
(year, month, day and hour), upon which the application was filed. This docu- 
ment must be legalized by an Italian Consul. 

Patents of Addition. — The title of the principal or original patent must 
always be produced when applying for a patent of addition or patent of im- 
provement. 

Application by a Firm or Company. — When an application is filed in the 
name of a firm or comjjany, it is necessary to furnish proof of the legal exist- 
ence of such firm or company. It is sufficient if the Notary Public, or other 
official that legalizes the signature to the power of attorney, expressly states 
in his certificate that the person that appears before him and that signs the 
power is, to his knowledge, a member of the firm, or an officer of the company 
making the application. If this is not done, it will be necessary to prove the 
existence of the firm or company by means of a separate document, which must 
be legalized by an Italian Consul. 

Assignments. — When recording assignments, the original patent, with any 
patents of addition that have been granted, must be forwarded for endorsement 
of the assignment thereon. If it is impossible to forward the original patent, 
certified copies of the same must be obtained and produced. 



JAMAICA. 



Wlio may be Patentee; Issue of Patents to Firms or Corporations. — The 

Attorney-G-eneral,. who advises and approves patents on behalf of the Govern- 
ment, is of the opinion that a patent cannot be granted to a company, as it 
cannot be said to have a mind to invent. A firm would probably stand upon 
the same footing. He seems to approve the idea of having the inventor apply 
in his own name, directly indicating in the petition that he wishes the patent to 
issue to the firm or company as assignee. This would save assignments. 

Documents Required. — The signature of the applicant to the power of attor- 
ney must be certified by a declaration of an attesting witness under oath, before 
a Notary Public, to the effect that the applicant voluntarily executed the power, 
of attorney, and that it is his free act and deed, and that it was executed by the 
applicant in the presence of the witness. 

Worliiu^s. — Solicitors are requested, in sending instructions for workings, 
to furnish us with a copy of the specification of the patent, (which may be a 
copy of the United States or British patent), together with a model or sample 
of the patented article. 



154 JAPAN. 

JAPAN 



Citizens of the United States and citizens and subjects of such other coun- 
tries as have treaties with Japan containing the " most favored nation " clause, 
mav now obtain patents, and the registration of trade marks and designs in 
Japan. 

Under date of August 15, 1898, we were informed that citizens or subjects 
of the following countries mav obtain protection for inventions, designs and 
trade marks, viz. : United States, G-reat Britain (not including colonies), Spain, 
Italy, Belgium, Portugal, France, Germany, Eussia and Holland. 

It is also expected that before the end of the present year Japan will have 
become a member of the International Convention for the Protection of Indus- 
trial Property, and that citizens or subjects of all the States that are members, 
may obtain such j)rotection. 

LAW AND PRACTICE. 

Who may be Patentee. — Any person who has invented any useful technical 
process, machinery, manufactured or other article, or any improvement relating 
to the same : and the heir of a deceased inventor. The law makes no provision 
for the grant of patents to mere importers or corporations. 

The application for patent must be made by the actual inventor. The 
patent may, however, be issued to an inventor and assignee jointly, or to an 
assignee alone upon the request of the inventor to this effect, duly set forth in 
the application for patent. Where the patent is to issue to the assignee alone, 
two duly legalized powers of attorney must be provided, one executed by the 
inventor, and the other by the assignee. 

Patents, Kind and Term. — Patents of Invention, granted for five, ten or 
:fi.fteen years, as elected by the applicant, the term beginning to run from the 
-date of registration. Patents for improvements are granted for the same terms. 
The a23plicant for a patent for an improvement is required to obtain the consent 
of the original patentee, if possible, to use the original invention together with 
-his own. If such consent is withheld, the applicant may lodge his application, 
stating the circumstances, and the Minister may grant the patent, but shall fix 
-an amount of compensation to be paid to the original patentee. The term of a 
patent cannot be altered after it has once been granted. 

Unpatentable. — 1. Articles of food or drink, or of fashion, 2. Medicines, 
or methods of compounding the same. 3. Articles that have been in public use 
prior to the filing of the application for a patent. 4. Inventions proved to be 
neither new nor useful. 5. Inventions in the detailed specification of which an 
important fact has been wilfully omitted, or some fact not necessary to the 
working of same has been wilfully inserted. 

Novelty, EflFect of Prior Patent or Publication. — At the moment of filing 
the application for patent the invention must not have been published in Japan 
or in public use, either in Japan or elsewhere. Any invention already patented 
in a foreign country, but which has not been published at the time the applica- 
tion for Japanese patent is filed may be patented, but an invention already 
patented in another country or countries cannot be patented in Japan, if any 
publication of the invention, (such as the publication in the United States Official 
Gazette), has been forwarded to Japan and is accessible to the public there. 
Copies of the Official Gazette, are, we understand, forwarded to Japan regularly, 
as issued, and, among other places, to the Japanese Patent Office. 

Vigorous efforts are being made to have this provision of the law changed, 
but with little chance of success. So long as this practice is enforced, all appli- 
cations should be filed before any publication of the invention is made or received 
in Japan. 

Taxes. — There are none after the issue of the patent. 



JAPAN. 155 

Assignments. — Articles XXII and XXIII of the patent law are as follows: 
*'A patent may be sold or transferred or made property in common, with or 
without conditions, or may be hypothecated ; but an application to have such 
sale, transfer or hypothecation registered must be sent to the Patents Bureau, 
and no sale, transfer, or hypothecation shall be held as legally valid towards a 
third party unless registered. 

" No official of the Patents Bureau shall apply for or become the owner of 
a patent while employed in the Bureau." 

Assignments and mortgages should be prepared in both the Japanese and 
English languages, and in duplicate. They should be drawn in the form of a 
contract, and be signed by both assignor and assignee. A power of attorney, 
authorizing the registration of the assignment or mortgage should also be 
supplied. 

All the documents should be legalized by a Diplomatic or Consular Officer 
of Japan, 

Working. — Patents will become invalid: 

1. When an invention has, without sufficient reason, not been practically 

used in public, within three years after the date of the certificate. 

2. When practical use of the invention has, without proper reason, been 

suspended for a period of three years. 

3. When a patentee has imported and sold patented articles from abroad,. 

or has ignored the fact that articles liable to infringe upon his rights 

have been imported from abroad. 
The working required is undoubtedly an actual bona fide manufacture and 
sale of the patented article in Japan, and in sufficient quantity to supply all actual 
demands. 

The Application, Procedure. — Applications for patents are made to the 
Minister of State for Agriculture and Commerce, and are examined by a body of 
judges (examiners) constituting, with a Director, the Patents Bureau. The ex- 
amination made is both as to the form of the documents filed, and the novelty 
and utility of the invention. When the judges decide that a patent should not 
be issued, the Director transmits a written report of the examination to the ap- 
plicant, who may, if he objects to the decision, send in an application for a re- 
examination, stating his grounds for the same. In such case the judges make a 
re-examination, and, should their decision be again adverse, a written statement 
to that effect will be transmitted to the applicant, who may then, if he is dis- 
satisfied with this decision, appeal to the Patents Bureau. 

If the result of an examination is favorable, the invention is duly registered, 
after the approval of the Minister of State for Agriculture and Commerce has 
been obtained, and a patent certificate is then issued in due form, signed by the 
Minister of State for Agriculture and Commerce and the Director of the Patents 
Bureau. 

Appeals. — If an applicant is dissatisfied with a decision rejecting his appli- 
cation, he may, within thirty days from the date of such decision, file a written 
statement of the grounds of his dissatisfaction, and demand a re-examination, 
which will then be made. If the application is again rejected, he may, within 
sixty days from the date of the second rejection, demand a trial before the Pat- 
ent Bureau. The above times may be extended upon due application and for 
good reasons. The trial may be either written or oral, public or private, the ap- 
plicant being allowed to submit both arguments and proofs, and is heard by the 
Director of the Bureau, assisted by not less than two arbitrators. The decision 
thus rendered is final; there can be no further appeal. 

Re-issues, Disclaimers. — These are provided for by the patent law, the prac- 
tice and proceedings being substantially the same as in the United States. 

Delay for Lodging Papers. — When an applicant cannot file the specifications 
or drawings at the time of application, he may first file the application only, and 
subsequently file the specifications and drawings wdthin thirty days from the date 
of filing the application. 



156 JAPAX. 

Joinder of IiiTeutions, Diyisiou. — We are advised that independent inven- 
tions for which separate patents have been obtained or issued, in the United 
States or elsewhere, cannot be joined in a single patent in Japan. Separate ap- 
plications should be filed for all snch distinct inventions, otherwise division will 
usually be required. In conducting examinations as to novelty, the examiners 
not only examine Jai^anese j^atents issued, but also, all foreign patents of which 
they have copies, (including the official gazettes), and where they discover that a 
number of separate patents have been issued in another country, they may be 
expected to require similar division for Japan. 

Couditioiial Patents. — In case of an invention, the restricted use of which 
will be for the public interest, or which is of military imx^ortance, or which 
should be maintained in secrecy, the Minister of State for Agriculture and Com- 
merce may affix conditions to, or decline to grant, a patent, or may affix con- 
ditions to, or ^^ithdraw, a patent already issued. In such an event the Minister 
of State for Agriculture and Commerce will award such compensation as he may 
deem advisable, to an inventor or patentee. 

Conflicting Inyentions or Patents. — When an invention for which a patent is 
applied for conflicts with another for which a patent has been requested or 
granted, the parties concerned are informed as to the points of resemblance, and 
required to send to the Bureau full particulars of their inventions. The judges 
will then decide the question of priority, and a statement of their decision will 
be sent to the parties, either of whom may, if dissatisfied with such decision, 
claim the arbitration of the Patents Bureau. 

A patentee who finds that his patent conflicts with those of other jDatentees 
may also claim the arbitration of the Patents Bureau. 

When, as the result of the decision of the judges, or of the arbitration pro- 
ceedings, a patent is withdrawn and another is issued, the term of the latter is 
computed from the date of the former. 

Amendment of Patent. — When a patentee discovers that his specifications 
and drawings are imperfect, or that he has claimed as of his invention more than 
he had a right to claim as such, he may api^ly for a corrected or re-issued jDatent, 
filing at the same time corrected specifications and drawings. Such applica- 
tions are considered and determined upon by the judges of the Patents Bureau. 
Any applicant dissatisfied with the decision of the judges, in such a case, may 
ap23ly for a re -examination of his application. 

Marking Patented Articles. — Patentees must affix such trade marks as are 
prescribed by the Minister of State for Agriculture and Commerce. A patentee 
who neglects to affix such mark to his goods cannot sue for indemnity on account 
of alleged damages. Persons who fraudulently obtain patent rights, or who 
apply to unpatented articles jsatent marks or marks resembling the same, or who 
sell such articles with previous knowledge of these facts, are liable to major con- 
finement for not less than fifteen days and not more than six months, or a fine of 
not less than 10 yen and not exceeding 100 yen. 

Date of Completion of Invention. The Patent Office now requires appli- 
cants to state the date upon which they completed their inventions. It may 
not always be easy to fix such date, but some date must be given, and the ap- 
plicant should endeavor to fix, and state as nearly as possible, the date upon 
which he actually completed the invention for which he is applying for a patent. 
This statement should be made in the j)ower of attorney. 

Models. — The Jaxoanese Patent Office now requires the deposit of a model 
in all cases where the invention can be illustrated by model. The model fur- 
•nished need not be a working model, (/. e., with^operating parts); it will be suffi- 
cient if it clearly shows the invention. 

In order to avoid delays, the model should be supplied with the applica- 
cation, although it may, where necessary, be filed after the application is 
lodged. 



JAPAN. LEEWAKD ISLANDS. MALTA. 157 

Models or specimens sliould not exceed one Japanese foot (equivalent to 
about IItg inches, English measure), in length, breadth or height. 

Where the model or specimen is not filed with the application, the Director 
of the Patent Office will demand same of applicant, directing him to deposit it 
within ninety days from the date of notice in writing given him. 

Iiifriiig'ements. — Any one who imitates a patented invention, or who employs 
the same, or sells it to others, with previous knowledge of the fact of such' 
imitation, or uses the patented technical process of another, is liable to major 
confinement for not less than one month, and not more than one year, and to a 
fine of not less than 20 yen and not more than 200 yen. The imitations, articles 
or ajjparatus, are confiscated and handed over to the patentee whose rights 
have been infringed. In the case of articles that have been sold, their value is 
exacted from the offender and handed to the patentee. 

DOCUMENTS REQUIRED. 

1. Power of Attorney. — Signed by the applicant, all names in full — no 
initials. If it is desired that the patent shall issue to an assignee, two powers 
of attorney must be furnished, one signed by the inventor, the other signed by 
the assignee. The date upon which the invention was completed, and applicant's 
occupation and address, should be stated in the power. The power of attorney 
must be acknowledged before a notary public, who must certify to the nationality 
o/" <:</?p//c«?iHn his certificate. The document must be legalized by a Japanese 
Consul. 

2. Specification in Duplicate. — On any suitable paper, no signatures re- 
quired. 

3. Four Copies of the Drawings on Japanese paper, the sheets of which 
should preferably measure 10 inches wide by 15 inches in length. The letters 
and figures of reference should be inserted in lead pencil so that they may be 
readily erased and Japanese characters substituted therefor. A fifth copy of 
the drawings should be furnished for the use of our correspondents whenever 
possible, having the letters and figures of reference inserted in ink. None of 
the drawings should be signed. 



LEEWARD ISLANDS. 



Taxes. — The patent must always be forwarded for endorsement of the pay- 
ment of taxes. 



MALTA, 



Taxes. — Ordinance No. 5 of 1893 has been amended by Ordinance No. 1 of 
1894. Taxes are now payable on Letters Patent as follows : 

Before the end of the fourth year from the date of the patent £4- 0-0 

Before the end of the fifth, sixth and seventh years, each 5- 0-0 

Before the end of the eighth and ninth years, each 7-10-0 

Before the end of the tenth, eleventh, twelfth and thirteenth years, 

each 10-0-0 

There is no grace for making these payments. 

The Letters Patent should be produced for the endorsement of the pay^ 
ment of any tax. 



158 MEXICO. MONACO. MONTENEGEO. 

MEXICO. 



Taxes.— Workings. By decree of May 27, 1896, Article 33 of Chapter 5 of 
the law of the 7th of June, 1890, upon patents of invention, has been so amended 
that it is no longer necessary to iDrove the working of patented inventions in 
Mexico, but in lieu thereof the following taxes are payable upon all patents, 
whether issued before or after the date of the decree : 

Before the expiration of the fifth year of the life of the patent. . . 50 pesos. 
Before the exj)iration of the tenth year of the life of the patent. .75 " 
Before the expiration of the fifteenth year of the life of the patent 100 " 
The payment of these taxes must be duly proven before the Department of 
Fomento. Two months' grace is allowed for effecting such proof after the end 
of the period for making the iDayment. 

Assignmeuts. — All assignments are subject to the payment of a stamp duty 
upon the consideration expressed. If this consideration be a nominal one, or if 
no consideration be named, the tax amounts to $12, while if the consideration 
named be from 8100 to §500, the tax will be but $4. The expense of recording 
assignments will therefore be reduced to a minimum, if, where x)ossible, the 
consideration be stated as from SlOO to $500. 

Importation of Patented Arlieles. — Mexican agents suggest that it is very 
undesirable to import into Mexico before the final grant of the patent, stating 
that where importation takes place between the filing of the application and 
the end of the term for opj^osition, interested parties may, seeing the invention 
is valuable, enter opposition. The inference would seem to be that it is easy to 
manufacture testimony in Mexico, and that if opposition is entered it may be 
difficult to obtain grant of the patent. 

Oppositions. — Almost all applications relating to mining processes are op- 
posed by the Mexican Gold and Silver Eecovery Company, Limited, or other 
mining companies in Mexico, and almost all applications relating to cigarette 
machines are ojjposed by some one of the comiDanies engaged in the manufac- 
ture of cigarettes in Mexico. 

Opi)ositions are first considered in a junta or meeting, presided over by an 
official of the Patent Office, where the interested parties appear personally or by 
attorney and discuss the questions involved. If the parties can come to an 
agreement, the opposition is settled there, but, if not, the opposition is referred 
to the Court, where an issue is framed and the case is tried. The Court pro- 
ceedings are long and expensive, and the outcome always in doubt. 

Op230sitions in the Patent Office are usually decided in one, two, or three 
hearings, the expense of which is usually less than §50. 



MONACO. 



Although protection may now be had for designs, models and trade marks, 
there is, as yet, no law providing for the grant of patents or other protection 
for inventions, and there is no way that we are aware of in which either residents 
or foreigners may secure any exclusive right to inventions. 



MONTENEGRO. 

LAW AND PRACTICE. 

While there is no special law establishing a Patent Office, and providing for 
the issue of patents, nevertheless the Prince, by and with the consent of the 
Council of State, has the power to grant protection to inventors. 



MONTENEGRO. MYSORE. 159 

Application for protection is made by petition, directed to the Prince of 
Montenegro and the Council of State, accompanied by a specification and draw- 
ings describing and illustrating the invention. If the invention is considered 
novel, and it is believed it will be useful in the country, a special edict will be 
issued, granting the desired protection, and prescribing the conditions and 
term of the grant. The protection aiforded is good, and the edict may be 
strictly enforced. The duration of the grant is fixed by the Prince, and varies 
according to the supposed importance of the invention, and the benefits it is 
likely to afford to the country. 

Montenegro has concluded treaties for the reciprocal protection of indus- 
trial property with Great Britain, France and Italy. 

DOCUMENTS REQUIRED. 

1. Power of Attorney. — Signed by the applicant, and legalized by a Russian 
Consul. 

2. Specification in Duplicate. — No signatures required. 

3. Drawings in Duplicate. — On tracing cloth, any suitable size. No signa- 
tures required. 



MYSORE. 



LAW AND PRACTICE. 

This important native State of India has lately passed an Inventions and 
Designs Act, all the principal provisions of the Act being similar to the Inven- 
tions and Designs Act, 1888, of British India (see "India" for points of 
practice). 

Mysore has a population of 4,914,110, and covers an area of 27,406 square 
miles. It produces considerable gold and precious stones. The soil is fertile, 
tea being grown in some localities, while ragi, rice, wheat, oil-seeds, sugar cane, 
cotton, coffee, cocoanut and areca-nut, fibers, tobacco, vegetables, fruits, mul- 
berry, pepper and lac are the staple crops. There are 1,730 miles of railroad in 
the State. The chief manufacture is iron smelting. Gold mining is pursued 
in Kolar and Bangalore districts, while jewelry, carpets, rugs, cotton textures, 
silk cloths, cumblies, etc., are manufactured, the total estimated value of these 
last being about 8,000,000 rupees per annum. 

DOCUMENTS REQUIRED. 

1. Power of Attorney. — Signed by the applicant. 

2. Four Copies of tlie Specification. — One copy, at least, had best be signed 
by the inventor, and all alterations in any of the papers should be initialed by 
him. 

3. Five Copies of tlie Drawings.- — These should be made on sheets of tracing- 
cloth measuring 13 inches in height by 16 inches in width, with a clear margin 
of one-half an inch all around that portion of the sheet occupied by the draw- 
ing. The left-hand portion of each sheet, to the width of 8 inches, should be left 
blank, so that, when the application is bound, and the sheets are opened out, 
the sheets which lie above them, containing the text of the application or 
specification, will conceal no portion of the drawings. Should the size of any 
single drawing be such that a greater width or height is unavoidably necessary, 
the size of the sheets may be increased. In this case the size should be such 
that when folded it will occupy the dimensions above specified, i. e., 13 inches 
in height by 16 inches in width. 



160 NATAI.. NEGRI-SEMBILAN. 

NATAL 

Documeuts Required. — One copy of the specification at least should be 
signed by the applicant. The power of attorney should be signed before a 
Notary Public, whose capacity to act should be certified by an official having a 
seal of office. It is preferable, although not absolutely necessary, to have this 
document certified bv a British Consul. 



NEGRI-SEMBILAN. 



Negri- Sembilan. a native State, which consists of the settlement of Malacca, 
with several adjoining native States, forms part of MaJay Peninsula adjoining the 
Straits Settlements. It was organized and placed under the British j)rotectorate 
in 1883. It makes and enforces its own laws. 

Patent iDrotection is afforded by an Order in Council, dated April 9, 1896. 
This law is j)ractically a transcript of the patent law of the Straits Settlements. 

The following points of practice require attention: 

LAW AND PRACTICE. 

IVho may be Patentee. — The actual inventor, whether [resident or alien, or 
the holder of a British patent, or patent gTanted in any British possession. 

Patents, Kind and Term. — Patents of Invention granted for the term of four- 
teen years counting from the date of the filing of the sj)ecification. Provision is 
made for the extension of their duration for an additional term of seven years, 
upon application to the Yam Tuan. The Yam Tuan in Council may annul a 
patent if its annulment is to the iDublic interest, or if the courts decree that its 
conditions are being "violated. 

Unpatentable. — The law is silent upon this point. 

Novelty, Effect of Prior Patent or Publication. — In order to obtain a valid 
patent the invention must not have been in public use in any part of the United 
Kingdom of Great Britain, or its Colonies or Possessions, or in Negri- Sembilan, 
at the time the application is filed. 

The j)ublication or use of an invention, before the inventor files his applica- 
tion for patent, does not prejudice the rights of the inventor, if such publication 
or use is in fraud of the inventor or in abuse of confidence. The inventor, 
however, under these circumstances must file his apjolication for patent within 
sis months of such use or publication. 

Taxes. — A tax of S25 is due and payable at or before the expiration of the 
seventh year of the life of the patent. The time for making this payment may 
be extended. 

Assignments should be prepared in duplicate. Any suitable form may be 
used. 

Working. — There are no requirements. 

Special. — The courts may transfer to the true inventor a patent obtained by 
fraud. Provision is made for the grant of compulsorv licenses for the reasons 
set forth in Section 22 of the British Act of 1883. 

DOCUMENTS REQUIRED. 

1. Petition. — Signed by applicant. 

2. Declaration to accompany Petition. — Signed by applicant. 

3. Specification in Duplicate. — Signed by applicant. 



NEGKI-SEMBILAN. NEWFOUNDLAND. NEW SOUTH WALES. 161 

4. Declaration to accompany Specification. — Signed by applicant. 

o. Drawing's in Duplicate. — On drawing board or tracing cloth, any suitable 
size. No signatures. 

6. Power of Attorney. — Signed by applicant. 

7. Blue Book of British Patent, if any exist. 

Forms and a statement of charges will be supplied upon application. 



NEWFOUNDLAND. 



Documents Required, Oaths. — Our agent, after consultation with the 
Attorney-General, advises that where an application is executed in a British 
Colony, the oath may be taken before a Commissioner of the Supreme Court of 
Newfoundland, if there be any such within the Colony, or before the Mayor of a 
city, or one of the Judges of a Superior Court. The oath may be taken in any 
foreign country before a Commissioner of the Supreme Court of Newfoundland, 
in addition to the other officers named in our book. 

Drawings.— The drawings must be identified thus: " These are the drawings 
mentioned and referred to in the annexed specification, which is annexed to my 
petition for Letters Patent for new and useful improvements in (insert 

title.) 

Signed at this day of 189 ." 



NEW SOUTH WALES. 



The patent law, as contained in the Act, 16 Victoria, No. 24, the Patents 
Law Amendment Act, 42 Victoria, No. 27, and the Patents Law Amendment Act 
of 1887, 51 Victoria, No. 3, has been amended by the Patents Law Amendment 
Act, 1895, 60 Victoria, No. 39. 

The principal provisions of this amendatory act are : 

Amendments. — Provision is made for the amendment of the specifications and 
drawings of applications for Letters Patent before the issue of the patent, and 
of Letters Patent after grant and issue, by way of disclaimer, correction or ex- 
planation. Disclaimer may also be made during the pendency of a suit or action 
for infringement, or proceedings for the revocation of a patent. 

No amendment will be allowed that would make the specification as amended 
claim an invention substantially larger, or different from the invention claimed 
by the original specification. A request for leave to amend must be signed by 
the applicant or by his duly authorized agent. Such request is advertised in the 
Government Gazette, and in two separate issues of some Sydney daily news- 
paper, and such other newspaper or newspapers as the Examiner of Patents may 
see fit to direct. Any interested person may file a notice of opposition to the 
amendment, in such case leaving at the Patents Office statutory declarations in 
support of his opposition, within fourteen days after the expiration of one month 
from the first advertisement of the application for leave to amend. A copy of 
the notice and declarations is furnished to the applicant, who may, within 
twenty-one days from the delivery of such declarations at the Patents Office, leave 
statutory declarations in answer, with copies thereof for the opponent, who may- 
file statutory declarations in reply within fourteen days from the delivery of 
applicant's answer. Such last-named declarations must be confined to matters 
strictly in reply. No further evidence shall be left on either side, except by 



162 NEW SOUTH WALES. 

leave of the Examiner. On completion of the evidence, the Examiner appoints a 
time for the hearing of the case, giving the parties at least ten days' notice. If 
either party desires to be heard personally, he must forthwith send his applica- 
tion to the Examiner. On the hearing of'^the case no opposition shall be allowed 
in respect of any ground not stated in the notice of opposition. The decision of 
the Examiner is notified to the parties. If leave to amend is given, the applicant 
must, if required, and within the time specified, file a new specification and 
draw^ings, as amended. 

Appeals. — When leave to amend is refused by the Examiner of Patents, the 
applicant may, within fourteen days from the^ date of the decision appealed 
against, or such further time as the Examiner or Minister of Justice may allow, 
appeal to the Minister of Justice, whose decision is final. 

Eularg-emeiit of Time. — The time ijrescribed for doing any act or taking any 
proceedings under the rules, may be enlarged by the Examiner of Patents or 
the Minister of Justice, uj^on notice to parties, and upon such terms as they may 
direct. 

Revocation of Patents. — The proceeding by scire facias to repeal a patent is 
abolished, and provision made for revocation upon petition to the Supreme Court 
in its equity jurisdiction. 

Provisional Protection.^ — The Patents Ofiice has decided that Provisional 
Protection is useless. The law is defective, and if, after Provisional Protection 
is obtained, another application is accepted uj)on a complete sj)ecification, the 
latter takes priority. The specification of an invention is open for insj)ection 
immediately after being filed. 

Assig'nments. — It has been held that an applicant cannot assign a patent be- 
fore issue. The office will not issue a patent to an assignee unless he signs the 
application papers, after producing a proper assignment to show his title, and 
petitions that the patent be issued to him. The New South Wales Commis- 
sioner of Stamps now insists upon the production with each assignment or deed 
of transfer of a statutory declaration by one of the parties, and preferably by 
the assignee, to the efi"ect that the consideration in the deed is the true and only 
consideration for the transfer. The Commissioner states that he will refuse to 
allow or stamp any deed produced to him without such a declaration. Care 
must therefore be taken that such a declaration is sent with all assignments to 
New South Wales relating to j)atents or trade marks. The new rules allow the 
following times for recording assignments: Assignments executed within the 
Colony, 30 days; in any other Australian Colony, 60 days; other places, 100 
days. 

Filing of Applications. — Our agents advise that apj)lications for New South 
Wales be filed prior to or simultaneously with the issue of the United States 
patent. The Official Gazette is sent to New South Wales immediately uj^on 
publication, and the publication of the invention in the Gazette is almost 
always a bar to the grant of a patent there. Therefore applications which reach. 
New South Wales thirty days after the issue of the United States patent, will 
frequently reach there too late to secure the issue of a patent. 

Documents. — The Patents Office officials have decided that no documents 
IDrepared in colored ink will hereafter be accepted. All documents for this 
colony must be printed, lithographed, written or typewritten in absolutely 
black ink, that is imperishable. Carbon copies of specifications will not be 
accepted. Former Sec. 7 of the petition has been expunged. There is now no 
necessity to set out whether the invention has been patented elsewhere or not. 

Drawing's. — New rule 25 of 1898, requires that both copies of the drawings 
be made upon stout, white, smooth-surface drawing paper, parchment or drawing 
cloth. The old rules provided that one copy should be so made. 



NEW ZEALAND. NICARAGUA. 163 

NEW ZEALAND. 



Filing" of Applications. — Our agents advise that New Zealand applications 
be filed prior to or simultaneously with the issue of the United States patent. 
The Official Gazette of the United States Patent Office is sent to New Zealand 
immediately upon publication, and the publication of the invention in the 
Gazette is frequently such a publication as will prove a bar to the issue of a 
patent in that Colony. 

Docnmeuts Kequired, Specification. — Both copies of the specifications must 
be originals, and written with black ink. Carbon copies will no longer be 
received. 

NICARAGUA. 

The Spanish Cortes in Nicaragua passed resolutions which had the force 
of law until September 15, 1821, and which have since been declared of force 
in this Eepublic, which assure and regulate the right of property of inventors, 
establishing also the term of its duration. Decree XLIII declared as the proprie- 
tor of an invention, he who should invent, import or introduce a new invention. 

By the above resolution the Government, through its proper officers, are 
authorized to issue to such a proprietor a certificate in which will appear his 
name as the inventor, improver or introducer of the invention, a description of 
the invention, and the term of the exclusive right. This certificate will serve as 
a title. To obtain it the petitioner is directed to address the Prefect of a De- 
partment or a Municipality, giving a statement of the invention, describing it 
with the greatest exactness possible in conformity with the model or drawings 
which the same law renders necessary. The authorities in their turn are obliged 
to give to the petitioner proof of everything which may serve for the informa- 
tion of the Minister of the Department to which the application is referred. 
The inventor is given ten years of exclusive property, the improver seven, and 
the introducer, five years. These terms may be extended by the head of the 
State, on the proposal of the Government, to fifteen, ten and seven years, 
respectively. The inventor, improver or introducer, apart from the aforesaid 
terms, will cease to be considered as sole joroprietor : 

First ; If he cedes his right for the public good. 

Second ; If six months pass without his taking the certificate. 

Third ; If two years pass without the working of the invention or improve- 
ment. 

Under the present practice all applications for patents are addressed to the 
President of the Eepublic, who grants patents, by and with the consent of Con- 
gress. In granting patents the President fixes the term of the patent, and any 
conditions which he may see fit to impose, such as annual taxes, which, if de- 
manded, usually amount to from !$5 to ^25 per annum. The grant thus made is 
then referred to Congress at its next session for final consideration, and is either 
approved or canceled. The present President is a liberal and progressive man, 
and is inclined to look favorably upon all applications for patents for inven- 
tions which he considers will be of public utility, and the Congress seldom re- 
fuses to approve any grants made by him. 

DOCUMENTS REQUIRED. 

1. Power of Attorney. — Signed by the applicant and legalized by a Consul 
of Nicaragua. 

2. Specification in Duplicate. — In the Spanish language. No signatures 
necessary, 

3. Drawings in Duplicate. — On tracing cloth, of any suitable size. No sig- 
natures necessary. 

4. If a Prior Foreign Patent has been issued, it will be well to send a certi- 
fied copy of such patent, legalized by a Nicaraguan Consul. 



164 NOBWAY. OKANGE FEEE STATE. PARAGUAY. 

NORWAY. 



luteriiational Convention. — Patents issned under the provisions of the In- 
ternational Convention are not ante-dated. 

Assignments. — Inventions may be assigned either before or after the issue 
of the patent. If an assignment is filed before the issue of the patent and con- 
tains a proper request, the patent will be issued to the assignee. To record 
an assignment the following documents are necessary: 1. A deed of assignment 
signed by the assignor; 2. A power of attorney authorizing the recording of the 
assignment, signed by the assignee. These documents should be drawn in 
accordance with the laws of the country where they are executed, and should be 
legalized by a Norwegian Consul. 



ORANGE FREE STATE. 



Taxes. — The patent must be produced upon the payment of a tax for the 
endorsement of the payment thereon. The authorities will not accept the pay- 
ment of a tax without the production of the patent. 

Documents. — We are advised that the documents may be executed and 
acknowledged before a Notary Public, which certification will be entirely suffi- 
cient without a legalization by a Consul of Orange Free State, provided the 
Notary affixes his official seal. 



PARAGUAY, 



Grants having all the force of patents can be readily obtained. These 
grants are made by special acts of Congress upon petitions being duly filed 
therefor. The Government of Paraguay is exceedingly desirous of bringing 
new industries into the country, and is, consequently, correspondingly liberal in 
making grants for new inventions. Such grants will be made to the first appli- 
cant, whether he be the first inventor or the first importer. If the invention is 
likely to prove of considerable utility in the country, and the inventor will 
establish a manufactory of imj)ortance in Paraguay, the Government is likely 
to grant special inducements, such as freedom from taxation for a certain period 
of time, the right to import machinery into the country free of duty, land for 
factory sites, etc. , etc. In such cases also the Government might be willing to 
provide a portion of the capital necessary for the installation of the plant, or for 
its practical working after instalment. The time required for such concessions 
is uncertain. Such applications must be presented to Congress while in session, 
and a special bill must be passed through both houses, and be signed by the 
President of the Eepublic. But the eventual grant of the privilege or conces- 
sion can be looked forward to with comparative certainty. 

DOCUMENTS REQUIRED. 

1. Power of Attorney. — Signed by the applicant and legalized by a Para- 
guayan Consul. 

2. Specification in Duplicate. — In the Spanish language. No signature is 
required. 

3. Drawing's in Duplicate. — On tracing cloth of any suitable size. No sig- 
nature is required. 

Note.— The senior member of our firm, Mr. Richards, is a Consul of the RepubUc of Paraguay 
in New York, and has special facilities for expediting such applications in the Republic. 



PEEAK (SULTANATE OE). . 165 

PERAK (SULTANATE OF). 



Perak is an independent native State of the Malay Peninsula, adjoin- 
ing the Straits Settlements, having a population of 215.000, and is a British Pro- 
tectorate. Its close proximity to the Straits Settlements causes its patent to be 
of value sometimes, especially where the same invention has been patented in 
the last-named country. 

Inventions are protected under Order in Council dated April 29, 1896, the 
law being essentially a copy of the Straits Settlements patent act. 

LAW AND PRACTICE. 

Who may he Patentee. — The actual inventor, whether resident or alien, or 
the holder of a British patent, or patent granted in any British possession. 

Patents, Kind and Term. — Patents of Invention granted for the term of four- 
teen years, counting from the date of the filing of the specification. Provision 
is made for the extension of their duration for an additional term of seven years 
upon application therefor. The Sultan in Council may annul a patent if its an- 
nulment be required by the public interest, or if the courts decree that its con- 
ditions are being violated. 

Unpatentable. — The law is silent upon this point. 

Novelty, Effect of Prior Patent or Publication. — In order to obtain a valid 
patent the invention must not have been in public use in any part of the United 
Kingdom of Great Britain, or its colonies or possessions, or in Perak at the time 
the application is filed. 

The publication or use of an invention before the inventor files his applica- 
tion for patent does not prejudice the rights of the inventor if such publication 
or use is in fraud of the inventor or in abuse of confidence. The inventor, how- 
ever, under these circumstances must file his application for patent within six 
months of such use or publication. 

Taxes. — A tax of S25 is due and payable at or before the expiration of the 
seventh year of the life of the patent. The time for making this payment may 
be extended. 

Assignments should be prepared in duplicate. Any suitable form may be 
used. 

Working'. — There are no requirements. 

Special. — The courts may transfer to the true inventor a patent obtained by 
fraud. Provision is made for the grant of compulsory licenses for the reasons 
set forth in Section 22 of the British Act of 1883. 

DOCUMENTS REQUIRED. 

1. Petition. — Signed by ax)plicant. 

2. Declaration to Accompany Petition. — Signed by applicant. 

3. Specification in Daplicate. — Signed by applicant. 

4. Declaration to Accompany Specification. — Signed by applicant. 

5. Drawings in Duplicate. — On drawing board or tracing cloth, any suit- 
able size. No signatures. 

6. Power of Attorney. — Signed by applicant. 

7. Blue Book of Britisli Patent, if any exist. 



166 . PERU. 

PERU. 

The law of January 3, 1896,^ amending the patent la\y of Pern, has worked 
Sb nnmber of very imj)ortant and desirable changes in the law and practice. 

First, — The cost of patents has been greatly reduced. 

Second, — Annual taxes have been abolished, a single governiental tax of fifty 
soles being payable upon the grant of the patent. 

Third, — The requirements concerning the bond or security formerly de- 
manded for insuring the employment of the invention in Peru throughout the 
term of the patent, have been done away with. 

The law and practice, as now amended, is as follows: 

LAW AND PRACTICE. 

Who may be Patentee. — The actual inventor, or the actual and first intro- 
ducer of an invention into Peru. Patents are issued alike to corporations, firms 
or individuals, and to aliens as well as natives, there being no restrictions what- 
ever as to the nationality of the applicant. 

Patents, Kind and Term. — Patents of Invention, and Patents of Introduction, 
granted for a term of from one to ten years as requested by the applicant, count- 
ing from the date of the issue of the patent. Extensions can be obtained by 
special legislative act only. 

Unpatentable. — Pharmaceutical preparations and remedies of every descrip- 
iiion; financial schemes; all operations to improve known industries, the use of 
which is free, both in and out of the Republic. 

Novelty, Effect of Prior Patent or Publication. — Article 14 of the law provides 
that: " Any discovery, invention or application, either in Pernor any foreign 
country, that may exist, anterior to the date of application, and which shall have 
had sufficient publicity to have been put into use, will not be considered as 
new." In construing this section of the law, it is held that the words "put 
into use," refer solely to use within Peru, and that so long as a foreign invention 
has not had sufficient publicity, so that it might be put into use by some one in 
Peru, it is proper subject-matter for the grant of a patent. Neither prior patent- 
ing nor publication of an invention in foreign countries will prevent the issue of 
a perfectly valid patent in Peru. 

Taxes. — An applicant for patent is called upon to pay for the stamped paper 
upon which his application must be made (each sheet of the specifications and 
drawings requiring a stamp); the fees of two and in many cases three experts, 
the fee of each being 50 soles, and finally, when the patent is granted, a single 
governmental tax of 50 soles. There are no annuities or taxes after the issue of 
the patent. 

Assig'nments.— Assignments should be prepared in duplicate, in the Spanish 
language, and should be executed before a Notary Public, and legalized by a 
Consul of Peru. A power of attorney must also be furnished, signed by the 
assignee before a notary, and legalized by a Peruvian Consul, empowering the 
filing agent to take the necessary steps to have the assignment recorded. 

Working". — Article 15, Section 2, of the Patent Law provides that the inven- 
tion must be worked in Peru within two years (the usual time), or within such 
other time as may be expressed in the patent, unless the cause of the delay can 
be legally justified. Such reasons as the lack of means or facilities would not 
justify such a delay. Sub-section 6 of Article 7, of the law as it read before the 

* Note.— We have just been advised that the President of Peru considei's this amending act un- 
constitutional in so far as it permits inventors to elect the term for which their patent shall be issued, 
and regulates the fees of the experts, and is delaying the issue of patents upon pending applications 
until this point has been brought to the attention of Congress. It is believed that the question will 
be settled m a short time and that the issue of the patents will not be long delayed. 



PEKU. 167 

decree of November 29, 1894, provided for a bond or deposit in the sum of, 
(usually), 2000 soles to insure the adequate working of the invention in Peru 
during the term of the patent. 

Bj the decree of November 29, 1894, instead of this bond or deposit, a sum 
«qual to three annual taxes, or in other words 300 soles, was to be paid into the 
National Treasury to insure due working. 

The amending law of January 3, 1896, Article 3, reads as follows: "The 
Oovernment guarantees neither the novelty, priority, or utility of the invention; 
the bond, (deposit or security), concerning which sub-section 6 of Article 7 of the 
law in force treats, is therefore suppressed." We cannot find, however, in this 
amending law anything relieving a patentee from the necessity of working his 
invention in Peru, although he is no longer required to provide a bond or secu- 
rity, and in our opinion the working of patents is still necessary. 

The meaning of the law is clearly to oblige every patentee to manufacture 
the object of his patent in Peru, and to offer it to the public, or in other words 
•continuously carry on the actual manufacture and sale of the patented article 
in Peru, after the first two years of the life of the patent, which term is allowed 
for establishing such manufacture. If the invention relates to an industrial 
process, the process must be actually and commercially carried on in some estab- 
lishment in Peru; if it relates to machinery or apparatus, it should be wholly and 
entirely manufactured in Peru, but if this is impossible or impracticable, it has been 
suggested that it would be sufficient to import such articles into Peru, taking care 
to divide the machines or apparatus into several parts, ready to be assembled 
.again; invoiced and described as parts of general machinery, in order to thus 
avoid the provisions of Article 15, Section 3, of the law, which forbids the im- 
portation of objects similar to those patented. If the invention refers to articles 
that are indivisible into parts, the articles must be imported as samples, for 
which provision is made in Article 15, Section 3, of the law. 

The articles thus imported should be put on sale and properly advertised as 
for sale. Such a working, as last described, should not be depended upon 
longer than absolutely necessary, but the actual manufacture of the article in 
Peru should be arranged for as soon as practicable. 

It is not necessary to prove the working before the Government, unless the 
iact has been disputed in a proceeding brought for the purpose of causing the 
forfeiture of the patent for non- working. 

The Application, Procedure.— The Patent Office is under the charge of the 
Minister of Hacienda and Commerce, and forms a subdivision of the Depart- 
ment of Industry. 

There are no fixed periods of time within which the different steps in the 
prosecution of an application must be taken, and the procedure is often very 
prolonged and slow, although a great improvement has been made with regard 
to the prompt despatch of business in the Patent Office within the last year or 
two. All applications are, as soon as filed, advertised for thirty days, at the 
expense of the party interested, in the official paper, so as to afford opportunity 
for any one who can prove either that the invention has received sufficient pub- 
licity in Peru to enable it to be used, or that he has used the invention, or that 
it has been patented to him, before the date upon which the application was 
filed, to enter opposition to the grant of the patent. As soon as the advertise- 
ment is inserted, two experts are nominated by the Patent Office, and the appli- 
cation is referred to them in order that they may conduct an examination as to 
the form of the application and the novelty of the invention. No time is fixed 
within which the experts must file their report, which they do at their con- 
venience, or as soon as they can be induced to do so by the Patent Agent in 
charge of the application. IJpon receipt of their report, if it is favorable, the 
application is again examined by the Chief Clerk of the Patent Office, and by the 
Attorney-General, the first to see if the application papers are all in due form 
and properly stamped, and the second to ascertain whether there is any legal 
reason why the patent should not be granted. If the reports of these two officials 
are favorable, the patent is prepared, signed and delivered, and advertised in the 
■official paper in due course of business and as soon as may be. 



168 PERU. PHILIPPINE ISLANDS. PORTO RICO. PORTUGAL. 

If the report of the experts is unfavorable, the applicant is notified of the 
same. There is no appeal proceeding provided for, but the applicant may ask 
for a reconsideration and re- examination, if he files his request therefor within 
three months, if he does not reside in Lima and has no representative there, and 
in one month if the contrary is the case. Should such a request be made th& 
Patent Office appoints a third expert, who, together with thetw^o experts formerly 
appointed, makes a re-examination and determines whether the invention pos- 
sesses the required novelty or not. The decision rendered upon this examination 
is final, and results either in the grant of a patent or its definite refusal. 

Infring-ements. — Every infringement, whether it be by the manufacture of 
products or the employment of means protected by the patent, constitutes a fraud, 
and will be punished according to the gravity of the case, by a fine, (damages), in 
favor of the owner of the patent, and by the confiscation of the infringing in- 
dustry or manufacture. 

DOCUMENTS REQUIRED. 

1. Power of Attorney. — Signed by the applicant before a Notary Public,, 
and legalized by a Peruvian Consul. 

2. Specification. — On any suitable paper. No signatures required. 

3. Drawings in Duplicate. — On tracing cloth, any suitable size. No sig- 
natures required. 

Solicitors are requested to furnish an extra copy of the specification and drawings, whenever 
practicable, for the use of the filing agent during the prosecution of the application. 



PHILIPPINE ISLANDS. 



Until July 28, 1898, inventions were protected under the Spanish patent, 
provision being made for the registration of Spanish patents in the Colonial 
Office, so that they were effective in the colonies of Cuba, Porto Rico and th& 
Philippine Islands. By a ministerial decree dated as above, however, the ex- 
tension of Spanish patents to the colonies was suspended. It seems likely, 
therefore, that until the Islands become the property of the United States,. 
or some other form of stable government is established there, that there will be 
no way of protecting inventions in these Islands. 



PORTO RICO. 



The Island of Porto Rico now belongs to the United States of America, so> 
that inventions are no longer protected in this island by a Spanish patent, but 
will be subject to the provisions of the laws of the United States. 



PORTUGAL. 

Law. — A new law, dated May 21, 1896, has been passed and is now irt 
force. 

Who may be Patentee. — The law is a little confusing upon this point,. 
Article 6 providing that a patent of invention may be granted to an actual in- 
ventor, while Article 27 declares that the right to the grant of a patent belongs 
to him who first files his application for the same. There is but little doubt 
that the intent of the law is that patents of invention shall only be granted to- 
actual inventors, while patents of introduction for new industries may be 



PORTUGAL. 169 

granted to the first apiDlicant therefor, whether a person, tirm or corporation. 
Patents are granted to natives and aliens alike, and to one or many persons, 
Article 11 of the regulations requiring that when two or more persons make 
the application, the latter must state that all have collaborated to produce the 
invention. 

Patents, Kind and Term. — Patents of Invention, granted for from one to 
fifteen years, as elected by the applicant, counting from the date upon which 
the patent is issued. If a patent is originally issued for a term less than fifteen 
years, it may be prolonged to the maximum term, either in a single prolonga- 
tion or by successive prolongations of one or more years each. 

Patents of Addition are granted to the proprietor of a patent or his assignees 
for the remainder of the term of the original patent, expiring therewith. An 
application for the prolongation of a patent must be made before the expiration 
of the term for which the patent was granted or prolonged, there being no grace 
whatever for filing such applications. 

With regard to patents of importation or introduction: A special law of 
the 30th of September, 1892, approved by decree of February 1, 1893, provides 
for the grant of monopolies or patents for a maximum term of ten (10) years: 
1st, For the manufacture of new industrial products; 2nd, For the application 
in a certain mineral zone of a complete treatment, metallic or metallurgical, of 
determined minerals, under the condition that the said treatment has not 
already been established in this zone. 

These monopolies are granted only for the exclusive right to work or manu- 
facture the products designated in the patent. They do not confer any exclu- 
sive right to the sale or to the importation of these products. 

Foreigners demanding these monopolies must sign a declaration that they 
submit themselves to the Portuguese laws in all that concerns the patent which 
will be accorded to them. 

A tax of 20 milreis (about $20) is payable upon application. Within three 
days after filing an application for such a patent, the applicant is required to 
prove that he has paid at the General bank a provisional deposit of 500 milreis 
(about $500), which will be returned to him in case the patent is refused. The 
application is published and two months allowed for any interested party or 
parties to oppose the grant of the patent. 

After the patent is granted, the patentee must make a definitive deposit of 
from 5.000 to 50,000 milreis (from $5,(i00 to $50,000). This deposit is required 
to be made at the General bank within sixty days from the date of the patent, 
or in case of the grant of a patent after an appeal, within thirty days after the 
decision of the Appellate Tribunal. If this final deposit is not made in due 
time the 500 milreis deposited with the application becomes the property of the 
State. After the establishment of the industry, the Government may, upon the 
demand of the patentee, order that the deposit be returned and be replaced by 
a mortgage upon the land, the building and the machinery used. Such a patent 
can only be assigned with the consent of the Government. The patent becomes 
forfeited if the industry is not established within one year from the date of the 
patent, or if it is not worked in a continuous manner during one year, or if 
there is an interval of eighteen months between the several acts of working. 
The Government may fix the minimum of production, and the patent will be 
forfeited if this minimum production is not fully carried out. It should be 
observed that patents of importation or introduction may be granted for inven- 
tions which are well known outside of Portugal, but which are not used in 
Portugal ; while ordinary patents of invention are only granted for new inven- 
tions. It should also be noted that the deposits demanded in connection with 
patents of importation or introduction are not required to be made when patents 
of invention or of addition are applied for or granted. 

Unpatentable. — Patents will not be granted for chemical industries, but 
may be for the processes for producing such products when they may be pre- 
pared in another manner. Pharmaceutical preparations and remedies" destined 
for the relief of men or animals are not patentable, although processes for pro^ 



170 POKTUGAL. 

ducing them are, when they are otherwise proper subject-matter for a patent. 
Patents will also be refused when the application therefor is not in proper 
form. When the invention relates to the production of objects prohibited by 
the law, or contrary to the public security or to good morals; when the title of 
the invention does not correspond with the specification, and when the speci- 
fication is confused or the invention is described in ambiguous terms. 

Novelty, Effect of Prior Patent or Publication. — In order to obtain a valid 
patent of invention, an invention must be new in Portugal at the moment the 
application for the patent is filed. An invention will not be considered as new 
that has been described in a publication within one hundred years' time, or 
that has been utilized in a notorious manner in Portugal or in the Portuguese 
possessions. The publication of descriptions made in consequence of the grant 
of a patent of invention in a foreign country that has concluded a special con- 
vention with Portugal upon the matter, will not invalidate a patent granted in 
Portugal unless the application for the patent is filed after the expiration of 
the delay fixed for the right of priority in the International Convention. A per- 
son that has regularly filed an application for patent in a country having a 
special convention with Portugal upon the matter enjoys, for filing his appli- 
cation in Portugal, a right of priority during the term fixed by the Interna- 
tional Convention for this purpose. 

The same degree of novelty is not required for a patent of importation or 
introduction, it being sufficient in sach case that the industrial product or the 
mineral treatment has not been introduced into use in Portugal before the filing 
of the application for patent. 

Taxes. — A tax amounting to 3 milreis, is payable in advance for each year 
for which a patent of invention is demanded or prolonged, the patent being 
issued for the number of years, not in any case exceeding fifteen, for which the 
tax is paid. A single tax of 3 milreis is payable, apon application, upon 
Patents of Addition. 

Assignments. — The rights conferred by a patent are transmissable by in- 
heritance, and may also be assigned in whole or in part. Unless otherwise 
stipulated the assignment of an original patent conveys also the rights to any 
patents of addition that may have been issued. Transfers of patents can only 
he legally effected, under Article 627 of the Civil Code, by a notarial deed drawn 
up in Portugal, and endorsed by the Patent Office upon the Letters Patent. In 
order that the rights granted by the patent shall continue in efl'ect in favor of 
an assignee, it is essential that he, or the assignor, shall cause the assignment 
or transfer to be recorded in the Department of Industry. In order that an 
assignment may be registered, the following documents must be supplied: 1. The 
original patent with any patents of addition that may have been granted; 2. 
Proper powers of attorney signed, one by the assignor and one by the assignee, 
authorizing the assignment of the patent or patents by Notarial Act, and the 
due registration of the same. These documents must be legalized by a Portu- 
guese Consul. 

Licenses are required to be made and recorded in the same manner. 

Working-. — A patentee must either himself or by his agents or grantees, 
^thin two years, counting from the date of -his patent, work the invention m 
Portugal by manufacturing there the industrial objects or products to which 
his invention relates. This working must not be discontinued during two con- 
secutive years. The penalty for a failure to properly work the invention is the 
forfeiture of the patent, unless such failure can be justified by proving that a 
real obstacle prevented the realization or the working of the invention. Appli- 
cation for the annulment of a patent because of non-working may be made by 
any person interested by presenting a petition to the Division of Industry, the 
chief of which will obtain information with regard to the working made, by 
means of engineer inspectors or otherwise, and publish in the official papers a 
notice that a demand has been made for such annulment. Three months after 



PORTUGAL. 171 

such publication the Chief of the Division will decide whether or not the patent 
shall be annulled. An appeal may be taken from this decision to the Tribunal 
of Commerce of Lisbon within three months from the date of the decision. 

Eflfect of Patent. — A patent grants the exclusive right to produce or to. 
work in Portugal the objects which constitute the said invention, or in which 
they manifest themselves. It is also a penal offence for another than the pat- 
entee or his grantee to sell or put on sale patented products or to use patented 
processes. 

Expropriation of Patents. — The State reserves the right to appropriate a 
patent upon paying an indemnity to the owner, the amount of which may be 
either fixed by amicable agreement, or, in default of this by five arbitrators, two 
of which are named by the owner of the patent, two by the State, and the fifth 
by the Judge of the Tribunal of Commerce. Patents of invention acquired by 
the State have perpetual duration. 

Compulsory Licenses. — When the proprietor of a patent cannot work it 
without at the same time utilizing a previously patented invention, and when 
the two inventors cannot arrive at an agreement as to the indemnity due for the 
cession of the rights required, the second inventor may demand an arbitration 
to fix upon the amount of the indemnity, the arbitrators being named as stated 
under "Expropriation of Patents." 

The Application, Procedure. — The Minister of Public Works, Commerce 
and Industry is charged with the grant of patents, the Patent Office being in the 
Section of Industrial Property, in the Division of Industry. No examination is 
made as to the novelty of the invention; an examination is, however, made to 
ascertain whether the object of the invention is legally patentable, and that the 
documents are in proper form. Upon the filing of the application an advertise- 
ment containing the claims is inserted in the Biario do Groverno and the Boletim 
da Proprledade Lidustinel, and a term of three months is allowed for the filing of 
oppositions by persons that would consider themselves injured by the grant of. 
the patent. If oppositions are filed the Chief of the Division of Industry con- 
siders the matter, and, after hearing the explanations of the parties, if he thinks 
this necessary, decides as he may think just, whether the opposition is well 
founded or not. 

The Chief of the Division of Industry will refuse a patent whenever the pre- 
scribed documents are not duly filed; when the object of the invention is not 
legally patentable; when the title given does not agree with the description; 
when the description is confused or in ambiguous terms; when the invention 
obviously lacks novelty, or when it has for its object the production of articles 
prohibited by the laws, or contrary to the public security, or to good morals. 
When no reason appears for refusing a patent, and no opposition is filed, the 
patent is issued in due course and delivered. If an opposition is filed which is 
considered well founded, the patent will be refused. The refusal of a patent,, 
and the reasons therefor are communicated to the applicant, and published in. 
the two official journals, within 10 days from the delivery of the decision. 

An application must be limited to a single patentable invention. 

A person who has regularly filed an application for a patent in a country hav- 
ing a Convention upon the subject with Portugal, enjoys for filing his application 
there the right of priority for the term fixed by the International Convention, 
and under the same circumstances the applicant may upon filing a declaration 
to that effect have his Portuguese patent antedated to the date of the patent in. 
the country of origin, provided his application is actually filed within such 
term. 

Appeals. — When an application or an opposition is refused, the interested 
party may appeal from the decision to the Tribunal of Commerce at any time 
within three months from the date of the decision. When the Tribunal of Com- 
merce has received the appeal, the interested parties, represented by an advo- 



172 POKTUGAL. 

cate, are invited to make known, within a term of three days, what they have to 
say upon the subject of the appeal, after which the appeal will be referred to 
the Public Minister for an equal term. After the response of the Public Min- 
ister the Tribunal of Commerce will pronounce judgment within a term of 8 
days, which judgment is final. 

Aunulment of Patents. — Except for failure to work a patent, patents cannot 
be annulled except by a decree of the Tribunal of Commerce at Lisbon. Patents 
may be annulled in the following cases: 1. When the invention was known to 
the public in practice or theoretically by means of a technical description 
divulged in national or foreign publications, or in any other manner, (except a 
publication made because of the grant of a patent in a country having a Con- 
vention upon the subject with Portugal), before the filing of the application; 2, 
When a prior patent has been granted for the same object; 3. When the 
invention is adjudged prejudicial to the public security or health or contrary to 
the laws; 4. When the title given to the invention fraudulently covers a different 
object; 5. When the specification filed does not indicate all that is necessary 
for the execution of the invention, or the true methods of the inventor; 6. 
When the patent has been obtained without observing all the formalities pre- 
scribed by the law; 7. When a patent of improvement or amelioration does not 
consist in a thing that facilitates the labor, or that augments the utility, but 
simply in a change of form, or of proportions or of simple ornamentation; 8. 
When the patent refers to substances produced by the chemical industries, or to 
pharmaceutical preparations or remedies, and not exclusively to the processes of 
their manufacture. 

Infring-emeiits.— Infringers of patent rights are liable to a fine of from 20 
to 500 mil reis, and are in addition liable for all damages caused to the owner of 
the patent. Those that in bad faith sell, or put on sale, patented products are 
subject to the same penalties. If the infringer is an old employee or workman 
of the owner of the patent, he will also be liable to an, imprison- 
ment of from 2 to 6 months, as will any associate he may have had whose bad 
faith is established. Owners of patents or their representatives suspecting in- 
fringement, may demand, upon giving a bond, the seizure of the objects coun- 
terfeited or the instruments that served exclusively for their manufacture. In 
such case if those who occasioned the seizure do not commence their action 
within the 30 days next following, the seizure will be null, and they will be 
liable for damages. If the action for infringement is judged well-founded the 
objects seized will be adjudged to the complainant on account of the indemnity 
due him. Persons marking merchandise "Patented " or " Pat." without having 
obtained or owning the patent are liable to a fine of from 10 to 100 milreis. 
Whoever in signs, announcements, prospectus, marks, or in any analogous 
way claims to be the owner of a patent that he does not possess, or claims to be 
the owner of a patent when the same has ceased to exist, is liable to a fine of 
from 10 to 200 milreis. Those who in bad faith and by a simple change in 
the title or in the description obtain a patent of invention that does not differ es- 
sentially from a patent already granted to another person are liable to a fine of 
from 100 to 500 milreis and an imprisonment of from one to three months. 
In case of repetition, the fine or imprisonment will be doubled. All actions for 
infringements, false marking, etc., are heard by the Tribunal of Commerce at 
Lisbon. 

Proloug'ation of Patents. — As before stated, the term of all short term patents 
may be prolonged up to the maximum of fifteen years. In order to obtain a 
prolongation the following documents should be supplied: 1. Power of Attor- 
ney, signed by the patentee, and legalized by a Portuguese Consul; 2. The 
original patent, together with any patents of addition that may have been 
granted. As prolongations are expensive, Patent Solicitors will do well to 
advise their clients to have their patents issued at the outset for a reasonably 
long term, if not for the maximum term that may be obtained. 



POETUGAL. POETUGUESE COLONIES. QUEENSLAND. 173 

DOCUMENTS REQUIRED. 

1. Power of Attorney. — Signed by the applicant and legalized by a Portu- 
guese Consul. 

2. Specification. — Written or printed on any paper, unless the specification 
is furnished in the Portuguese language, in which case the specifications should 
'be in duplicate upon paper 33 cm. long and 22 cm. wide. No signatures re- 
quired. 

3. Drawings in Duplicate. — On any suitable material, tracing cloth preferred. 
The sheets may be of any convenient size as to width, but must measure 33 
cm. (13 inches) in height!! with a single margin line 2 cm. from the edge of the 
sheet. Instead of drawings or lithographs, good photographs upon paper, that 
will not fade, may be supplied. No signatures required. 

4. If Application is Made Under International Convention. — A certified copy 
of the foreign patent, legalized by a Portuguese Consul, must be supplied. 



PORTUGUESE COLONIES; 



We have been advised that a decree, dated July 28, 1898, suspends the ex- 
ecution of the decree of May 21, 1892, which provided for the granting of patents 
of invention and introduction in the Portuguese Colonies, and that, in conse- 
quence, inventors and introducers of inventions cannot now secure patents in 
these Colonies. 



QUEENSLAND. 



New rules and forms have been adopted and issued by the Queensland 
Patent Office, (the Patents Eu^es of 1896, and the Additional Patents Eules of 
1897). The following are the alterations that affect applications: 

1. The requirement that a statutory declaration shall accompany the appli- 
cation is abolished. The declaration may now be simply signed by the appli- 
cant, (without any witness). The application must be signed in two 2:>laces, once 
immediately after the request, and once again at the foot. 

2. Following the British practice, if there be more than one applicant, one 
of them may sign the request portion as agent for the others. The declaration 
may be made by all the applicants, or only one of them. 

3. The " Statement of Address and Appointment of Agent " must be signed 
hyall the applicants, but no witness is required. 

4. An application may be made by a director and secretary on behalf of a 
company which is the assignee of an invention. 

5. Drawings and specifications are to be prepared in accordance with the 
rules in force in Great Britain. 

The documents required for applications for patents are now as follows: 

DOCUMENTS REQUIRED 

1. Statement of Address and Appointment of Agent. — Signed by the appli- 
cant or applicants. No witnesses needed. 

2. Application with Declaration.— Signed by the applicant or applicants after 
the request, and again at the foot. No witnesses or legalization required. If 
there be more than one applicant, one of them may sign the request portion as 



174 QUEENSLAND. EHODESIA. RUSSIA, 

agent for the others. The declaration may be made by all the applicants or 
only one of them. An application may be made by a director and secretary on 
behalf of a company, the assignee of an invention. 

3. Specification in Duplicate. 

4. Drawings in Daplicate.— On sheets of good, white bristol board, 8 inches 

wide by 13 inches high, or in exceptional cases, 16 inches wide by 13 inches 
high. A single marginal line should be drawn around the sheet, exactly i inch 
from the edge of the sheet. All reference numbers and letters should measure 
at least -g- inch in size. No signatures are necessary. 

Note. — If the applicant is the assignee of the inventor, a duly executed assignment should accom- 
pany the other papers. 



RHODESIA. 



For information as to Rhodesia, see British South Africa. 



RUSSIA. 



LAW AND PRACTICE. 

Who may be Patentee. — A patent will be granted to the first applicant, who 
may be a person, fij-m or corporation, either native or foreign. If different ap- 
plications are filed upon the same day for the same invention, and the invention 
is regarded as new, the applicants are notified, and invited to receive the patent 
in their joint names. In case the applicants do not so agree within three monthe 
from the date of their notification, the patent will be refused, leaving to the 
courts the establishment of the relative rights of the several parties to receivs 
the patent. 

Patents, Kind and Term. — Patents of Invention or Improvement, granted 
for a term of fifteen years, counting from the signing of the patent. Patents 
of Addition, granted for the remainder of the life of the original patent upon 
which they are based, and expiring therewith. In case a prior foreign patent 
exists upon the same invention, if the foreign patent was issued before the 
Russian patent was applied for, the term of the latter patent will be limited to 
the term of such prior foreign patent, or if there be more than one such patent, 
to the term of the first expiring foreign patent. A patentee may obtain Pat- 
ents of Addition for improvements made upon the patented invention at any 
time during the life of his original patent; third persons may apply for and ob- 
tain such patents of addition only after the expiration of the first year of the 
term of the original patent. In the latter case the owner of the original patent 
cannot use the improvement, nor can the inventor of the improvement use the 
original invention, except by mutual agreement. 

Unpatentable. — The following inventions or improvements are not patent- 
able: "(a) Those which consist of a scientific discovery or an abstract theory. 
(b) Which are contrary to public order, morality or decency, (c) Which are 
already patented in Russia, or which before the date of the application for pat- 
ent, had there been applied for, although not patented, or have been described 
in books or journals with sufficient details to be reproduced, {d) Which are 
known abroad, without being patented there, or are so patented in the name 
of a third party, without the assignment of the right of exclusive use having 
been made to the person applying for the patent in Russia, (e) Which com- 



EUSSIA. 175 

prise no essential novelty, (real, important), but only insignificant modifications 
of inventions, or improvements already known. (/) Which relate to chemicals 
or food products, condiments, medical compounds, or to processes and appa- 
ratus serving for the manufacture of the said medicaments. 

We understand that Article 176 of Regulations of Industry, (Code of Laws, 
Vol. XI, Art, II, Edition of 1893), remains provisionally in force. This article 
says: For inventions and improvements concerning requirements of war and 
means for the defence of the country, such as artillery, guns, projectiles, per- 
cussion fuses, and other appurtenances of artillery, ordnance, armor plates for 
shipSj submarine torpedos, gunboats, gunpowder cellars, training ship towers, 
and other articles of a similar nature, which can only be used by the Govern- 
ment, patents cannot be granted. For inventions and improvements in objects, 
however, which, although they are used by armies, can also be used by private 
persons, such as hand firearms, metallic cartridges, bullets, and other belong- 
ings of such arms, patents are granted, but only with the restriction that the 
effect of the patent shalJ not extend to the War and Navy Department, and that 
the latter cannot be hindered from using such inventions and improvements for 
their wants and to make experiments with the same. 

Novelty, Eflfect of Prior Patent or Publication. — In order to be patentable, 
an invention or improvement must be entirely new, either in its entire extent 
or in one or more of its parts, or else there must be present a new combina- 
tion of elements already known. Several distinct inventions or improvements 
may be embodied in one patent, if in their entirety they constitute a deter- 
mined process of protection and cannot be used separately. Valid patents 
may be obtained in Russia after the issue of patents for the same invention in 
other countries, and at any time thereafter, provided the application for patent 
be made by the true inventor or his legal representatives, and the invention 
is new as to Russia, and has not been published or described in books or 
journals with sufficient .details to be reproduced at the time the application 
for patent was filed in Russia. The publication of the invention by means of 
printed copies of patents, Ofiicial Gazettes, etc., does not appear to be a bar 
to the grant of a Russian patent, provided there has been no publication in 
books or periodicals, etc. 

Taxes. — A tax of. 30 roubles is payable upon filing the application, and a 
further tax of 15 roubles, constituting the first year's tax, within three months 
after the allowance of the patent. Subsequent taxes are payable yearly in ad- 
vance, counting from the date of the issue of the patent, without grace. These 
taxes amount to 20 roubles for the second year, 25 for the third, 30 for the 
fourth, 40 for the fifth, 50 for the sixth, 75 for the seventh, 100 for the eighth, 
125 for the ninth, 150 for the tenth, 200 for the eleventh, 250 for the twelfth, 
300 for the thirteenth, 350 for the fourteenth and 400 roubles for the fifteenth 
year. A tax of 20 roubles is payable upon application for a Patent of Addition, 
there being no subsequent taxes. 

Assig-nments. — In case of the assignment of a patent, or of rights there- 
under, information with regard to the transfer must be given to the Direction 
of Commerce and Manufactures. This information must be accompanied by 
documents establishing the fact of the transfer. The assignment is then pub- 
lished in the Messager Officiel and in the Journal du Ministere des Finances^ at 
the expense of the assignee. 

A stamp duty of one-fifth of one per cent, upon the consideration ex- 
pressed in the assignment is levied upon every assignment produced for 
legalization by the Russian Consul. In case there is no consideration ex- 
pressed, or the consideration expressed is nominal, a minimum consideration 
will be presumed, amounting to 1,500 roubles, involving a charge of J^1.20 per 
document. In case assignments are made in duplicate and both copies legal- 
ized, the same charge will be made for each copy. It will be evident, then, 
that it will be advantageous to express the consideration as from 100 to 200 
roubles, or, say, from $50 to $100, and to present but one copy of the assign- 
ment for legalization. 



176 KUSSIA. 

Assignments may be drawn np in the language of the country where the 
transfer is made, and must be accompanied by a power of attorney signed by 
the Assignee, authorizing the recording of the documents. Both of these 
documents must be legalized by a Bnssian Consul. 

Assignments before the issue of the patent can only be recorded when 
-the patent is to be issued to the assignee. 

Worliiiigs. — The holder of a patent must work the invention' in Russia 
before the expiration of five years, counting from the date upon which the 
patent is signed. It is believed that the practice as to workings will remain as 
heretofore. 

Nominal workings have never been accepted in Russia. On the contrary, 
actual workings are required. The invention must be actually manufactured 
there, and in sufficient quantities to supply ordinary demands. No Govern- 
ment officer will deliver a certificate of working unless he has convinced him- 
self that the patented invention has been introduced into actual use in Russia, 
before the date fixed by the law for such workine-. This certificate must be 
zfiled with the Minister. Only after a regular certificate has been lodged in the 
Ministry can a patent be extended according to the new Rules, while if nothing 
is done towards lodging such certificate, the patent will be declared void. 

The Application, — Procedure. — Applications for patents must be filed in 
the Direction of Commerce and Manufactures. If the applicant is a foreigner, 
or domiciled abroad, it is necessary that he should have a duly authorized at- 
torney resident in Russia. All applications are examined, and patents delivered 
by a Technical Committee, presided over by the Director of Commerce and 
Manufactures, or, in his absence, by one of the sub-directors. This Committee 
is composed of the two above-named persons; nine titular members selected 
from among the graduates of the Higher Education, and preferably from those 
who have made technical studies; and, lastly, one member, each, being repre- 
sentatives of the Ministries of War, Navy, Interior, Agriculture and Domains, 
and of Ways of Communication. Experts chosen from among the graduates 
assist the Committee in the preliminary examination of applications. The Com- 
mittee is divided into sections, among which the applications are apportioned. 
Appeals are heard by all the sections, sitting together. 

The application when filed is examined, both as to novelty and form by a 
titular number or by one of the experts of the Technical Committee. 

The specification is now required to be in the Russian language, and must 
be precise, clear, and detailed, so as not to require any explanation, and must 
«nd with claims to those features of novelty of which the invention is supposed 
to consist. During a term of three months from the date of filing, the specifi-* 
cation can be amended and completed, but the same must not be substantially 
changed. 

It is no longer permissible to file the specification in a foreign language, in 
order to obtain a filing date, and within three months thereafter file final speci- 
fications in the Russian language. 

Upon the filing of the application the applicant receives a certificate giving 
provisional protection, and the application is then published. 

Thereafter, it is no longer necessary that the invention be kept secret, and 
the applicant can, if he wishes, transfer his rights to others, and freely use and 
exhibit his invention, as well as give provisional warning to prevent infringe- 
ments. 

Upon the publication of the application, and at any time before the grant 
of the patent, any interested person can give notice of opposition to the issue 
of the patent, upon the ground that the invention was already known or used 
at the time the application was filed. If such an opposition is entered, the 
inventor may file his reply to same at any time within three months from the 
date upon which he received notice of the opposition. 

After the preliminary examination as above, the application is finally con- 
sidered by a section of the Committee, which decides whether the patent is to 
be granted with or without restrictions, or refused. The Committee does not 



KUSSIA. 177 

discuss any questions regarding the utility or property of the invention, but is 
bound to determine whether the invention itself answers the requirements of 
the law as to novelty and subject-matter. 

If an applicant is accused of appropriating an invention belonging to 
another, the controversy is to be determined in the courts. 

If two or more applicants apply simultaneously for a j^atent for the same 
invention, the applicants are first invited to take the patent jointly, and if, after 
the lapse of three months, they have not agreed to do this, the patent is either 
not granted at all, or only after a decision by a court of law deciding to whom 
the right of priority for obtaining the patent belongs. 

If the patent is granted, the applicant must, within three months there- 
after, pay the tax for the first year, in default of which the application is con- 
sidered as abandoned, and cannot be revived. If the first year's tax is duly 
paid the patent is issued and delivered a 3 soon as may be. 

If the j)atent is refused, an appeal may be entered. 

Appeals. — Any applicant that is dissatisfied with the decision of a section 
of the Technical Committee regarding his application, may enter an appeal 
against same at any time within three months after the date of such decision, 
upon payment of a fee of 15 roubles. The appeal will be heard by all the sec- 
tions of the Technical Committee sitting together. No further appeal is 
allowed, nor can any extension of time for filing the appeal or for filing argu- 
ments after lodging appeal, be secured. 

Auuuliuent of Patents. — Issued patents may be contested at any time within 
two years from the date of their publication, on the ground: (a) that the 
patented invention, in whole or in part, is not the property of the patentee, or 
(b) that the patent has not been legally granted. After the expiration of this 
'term of two years, a patent can be declared invalid only by sentence of the 
criminal court. 

Infringements. — Owners of patents may prosecute infringers before the 
courts, and claim damages therefor. The law does not fix any penalties for the 
unauthorized use of patented inventions. 

Pending- Applications. — Applications for patents that have not been finally 
settled before the lst-13th of July, 1896, will be examined and disposed of 
under the provisions of the new law, and if the patent be granted the tax form- 
erly paid will not be refunded, but will be appUed on account of the payment 
of taxes according to the new schedule. Should the patent be refused, the tax 
paid will be refunded after deducting the cost of the advertisements. 

Transformation of Old Patents. — Patents issued prior to the lst-13th July, 
1896, under the old law, and that are still in force, may be prolonged to the 
maximum term of 15 years, under the new law, by payment of the taxes pre- 
scribed by the new schedule. 

DOCUMENTS REQUIRED. 

1. Specification in Daplicate.— One of these may be a carbon or a good 
letter press copy. No signatures necessary. 

2. Drawings in Duplicate. —One copy must be on good drawing paper or 
bristol board, and one upon tracing cloth. The size of the sheets should be 
either 8 inches wide by 13 inches high; 13 inches high by 16 inches wide; or, 13 
inches high by 24 inches wide. One inch from the edge a single margin line 
should be drawn all around the sheet. The usual designation of the figures, 
i. e., "Fig." should be omitted. A third copy of the drawing should be for- 
warded for our agent's use during the prosecution of the application. No signa- 
tures necessarv. 



178 KUSSIA. SAN DOMINGO. 

3. Power of Attorney. — Signed by the applicant, and legalized by a Kns- 
sian Consul. The power should preferably be in both the English and Russian 
languages, in parallel columns, and each should be separately signed, or the 
signature should be so written as to extend across the page under both columns. 
A signed copy of the power of attorney should also be furnished, as the Russian 
Consul invariably requires a copy of every document legalized by him, for filing 
in his office. 

4. If a Prior Foreign Patent Exists. — A certified copy of same, legalized 
by a Russian Consul, must be furnished. If more than one such patent exists, 
then a copy of that patent which will first expire must be produced. 

o. If Prior Foreign Patent Exists in Another Name than that of appli- 
cant, the latter must furnish an assignment to him of all rights as to Russia. 
The document must be legalized by a Russian Consul. 



SAN DOMINGO. 

Article 11 of the Constitution of San Domingo provides ; 
"The nation guarantees to Dominicans: 

Section 9, the i)roperty in their inventions, scientific, artistic and 
literary productions." 

It is quite evident that the above provisions do not apply to foreigners,, 
nor, so far as we have been able to learn, is there any local statute which per- 
mits the grant of patents to aliens, or the registration of their trade marks. 

We are informed, however, that protection can be secured for both patents 
and trade marks by special legislative acts. The cost of procuring such legis- 
lative grants is considerable, and the practice is very slow and uncertain. In 
order to secure the grant it is necessary to file a petition, addressed to the Pre- 
sident of the Republic, setting forth the nature of the invention, its advantages 
and utility, and praying that a special grant may be conferred, giving the inven- 
tor the exclusive right to make, use and sell the invention within the Republic 
for a stated period of time. 

The Dominican Government has been very liberal in such matters in the 
past, in some instances granting such concessions for a period of fifty years, or 
more. The President of the Republic is a progressive man and is incliued to 
make inducements to inventors, so that they will introduce their inventions 
into the country, and especially is this the case where such inventions will be 
of practical utility in the country. 

The documents required for such an ajjplication, are as follows: 

DOCUMENTS REQUIRED. 

1. Power of Attorney. — Signed by the applicant, and legalized by a Con- 
sul of San Domingo. 

2. Specification in Dnplicate. — In the Spanish language. If the specifica- 
tion is sent to us in English, one copy may be supplied as we can make the 
necessary translations and provide the documents in duplicate in the Spanish 
language. 

3. Drawings in Daplicate. — On tracing cloth of any suitable size. 

The specifications and drawings do not require any signatures, and they 
may be signed by the filing agent under his power of attorney. 



SAN SALVADOR. 179 

SAN SALVADOR. 



Law. — While no special law exists providing for the grant of patents of in- 
vention, the Constitution empowers the President of the Eepublic, subject to 
the approval of Congress during its next following session, to make and issue 
special grants having the force and effect of patents. 

LAW AND PRACTICE. 
Who may be Patentee. — Any one, whether native or foreigner, a person, firm 
or corporation, may apply for such a grant. In an advertisement of a recent 
^rant it was stated that the Eepublic considers itself bound to protect the inter- 
ests of applicants for patents, if they are citizens or subjects of countries adher- 
ing to the International Convention, so that it seems probable that such applicants, 
at least, may make their applications with every confidence that they will be 
favorably received. 

Unpatentable. — There are no restrictions, but grants will hardly be made for 
inventions, the employment of which would infringe prior rights, or those con- 
trary to public health and safety, or to good morals. 

Novelty, Effect of Prior Patent or Publication. — We are informed that 
such grants will be made without regard to the prior patenting or publication of 
the invention, so long as the invention has not been publicly known, used or 
published in San Salvador at the time the application is filed. 

Taxes. — The President in making the grant fixes upon its conditions. An 
annual tax of from $5 to $25 is usually payable. No grace is allowed for making 
the payments. 

Assignments. — Eights under grants are assignable in the same manner as 
other property, by an instrument in writing executed by the parties thereto, 
which should be accompanied by a power of attorney authorizing the recording 
of the instrument. Both documents should be acknowledged before a Notary 
Public and legalized by a Consul of San Salvador. 

Working-.— There are no requirements. 

The Application,— Procedure. — Applications are addressed to the President 
of the Eepublic. Upon receipt of the application it is considered by the Presi- 
dent, who, if he thinks it necessary or desirable, calls in the services of ex- 
perts to determine upon the novelty and utility of the invention. If the inven- 
tion is believed to be novel, and of practical utility in the country, the President 
approves of the grant and proceeds to issue it. The grant itself is published, 
in extenso, in the Diario Oficial, and a title deed, containing the grant, and 
signed by the President, is issued and delivered to the applicant. It should be 
understood that the grant, when published and signed, is not definitely made, 
but is subject to the approval of the National Assembly, to which it is sub- 
mitted if then in session, or at its next session if it be not then sitting, such ap- 
proval and ratification being made or refused by way of resolution and vote. If 
the invention is known to be old, (known, used or published in San Salvador), or 
will be of no practical utility in the country, the application will be denied, and 
the applicant informed of the fact. There is, of course, no appeal from such a 
decision, although a reconsideration may be requested. All grants issued are 
stated to be subject to any law in the matter, when the same shall have been 
issued and published. 

Iiifringfements. — All infringements of the rights conferred by a gi-ant may be 
enjoined and punished in the courts of the country. 

DOCUMENTS REQUIRED. 

1. Power of Attorney. — Signed by the applicant and legalized by a Consul 
of San Salvador. 

2. Specification in Duplicate, — No signatures required. 



180 SAN SALVADOK. SELANGOB. 

3. Drawiu§:s in Duplicate. — On tracing cloth, any suitable size. No signa- 
tures required. If possible, an extra copy of the drawings should be supplied 
for the use of our agent. 

4. If Prior Patents Exist, a certified copy of a foreign patent, (not neces- 
sarily the patent of the country of origin), should be furnished. 



SELANGOR. 



A native State of the Malay peninsula, adjoining the Straits Settlements. 
The population is only about 82,000, but its close proximity to the last named 
British Colony causes its patent to be of value sometimes, especially when the 
invention is patented in the Straits Settlements. 

Inventions are protected under an Order in Council promulgated during the 
year 1896, the law being a substantial copy of the Patent Act of the Straits. 
Settlements. 

LAW AND PRACTICE. 

Wlio may fee Patentee. — The actual inventor, whether resident or alien, 
or the holder of a British patent, or patent granted in any British possession. 

Patents, Kind and Term. — Patents of Invention granted for the term of four- 
teen years counting from the date of the filing of the specification. Provision 
is made for extension for an additional term of seven years, upon application 
therefor. A patent may be annulled if its annulment be in the public interest, 
or if the courts decree that its conditions are being violated. 

Unpatentable. — The law is silent upon this point. 

Novelty, Efifeet of Prior Patent or Publication. — In order to obtain a valid 
patent the invention must not have been in public use in any part of the United 
Kingdom of Great Britain, or its colonies or possessions, or in Selangor at the 
time the application is filed. 

The pulalication or use of an invention before the inventor files his applica- 
tion for patent, does not prejudice the rights of the inventor, if such publica- 
tion or use is in fraud of the inventor or in abuse of confidence. The inventor, 
however, under these circumstances must file his application for patent within 
six months of such use or publication. 

Taxes. — A tax of 825 is due and payable at or before the expiration of the 
seventh year of the life of the patent. The time for making this payment may 
be extended. 

Assignments should be prepared in duplicate. Any suitable form may be used. 

Working. — There are no requirements. 

Special. — The courts may transfer to the true inventor a patent obtained by 
fraud. Provision is made for the grant of compulsorv licenses for the reasons 
set foi-th in Section 22 of the British Act of 1883. 

DOCUMENTS REQUIRED. 

1. Petition. — Signed by applicant. 

2. Declaration to Accompany Petition. — Signed by applicant. 

3. Specification in Duplicate. — Signed by applicant. 

4. Declaration to Accompany Specification. — Signed by applicant. 

5. Drawing's in Duplicate. — On drawing board or tracing cloth, any suit- 
able size. No signatures. 

6. PoTver of Attorney. — Signed by applicant. 

7. Blue Book of British Patent, if any exist. 



SEK^IA. SIAM. SOUTH AFEICAN EEPUBLIC (TRANSVAAL). 181 

SERVIA. 



There is still no patent law in Servia, although projects for snch a law have 
been presented by the Government to successive legislatures that have, as regu- 
larly, adjourned without passing them. 

It is possible, however, that some protection may be obtained for inven- 
tions as, owing to the belief that a patent law would soon be enacted the Gov- 
ernment has arranged, as a provisional measure, for the reception and registra- 
tion of applications for patents by the members of the courts, who transmit 
them to the Ministry of Commerce, where an officer, designated for this pur- 
pose, arranges a record of them and opens them for public inspection. 

Just what measure of protection is afforded by this registration we are un- 
able to state. We are, however, prepared to act for those who desire to effect- 
such registration. 

SIAM. 



There is no special law in Siam providing for the grant of Letters Patent for 
inventions. Special grants having the force and effect of patents may, however, 
be obtained by any person, whether the inventor or not, upon petition to the 
King, if the invention is likely to prove of practical utility in the Kingdom. 

The term of such grants varies greatly and rests entirely in the discre- 
tion of the King, who fixes the term and states the same in the grant. Ameri- 
cans, (and foreigners generally), may appear as complainants in all the courts of 
the country which have the word " International " prefixed to their name, and 
may bring actions for infringements in such tribunals. 

Special grants of this kind are obtained by filing a petition therefor ad- 
dressed to the King, who exercises his pleasure in granting or refusing same. 

DOCUMENTS REQUIRED. 

1. Power of Attorney. — ^Signed by the applicant, and legalized by a diplo- 
matic or consular officer of Siam. 

2. Specification in Dnplicate. — Any suitable form. No signatures required.. 

3. Drawing's in Dnplicate. — On tracing cloth of any suitable size. No signa- 
tures required. 

SOUTH AFRICAN REPUBLIC (TRANSVAAL). 



Law. — A new patent law, (Law No. 12, of 1897), was hurriedly passed 
and is now in force. It is a great disappointment. All fees have been raised, 
and the Commissioner of Patents has ruled, that he will not accept any applicg,- 
tion from abroad, (filed by any one not a resident of the South African Republic), 
unless such applicant lodges security, (£100), in advance, to meet the probable 
costs of any possible opposition. The security and deposit may be withdrawn 
if the patent issues without opposition, or, in case of opposition, when the costs 
are paid. 

LAW AND PRACTICE. 

Who may he Patentee. — The first and true inventor, or the legal representa- 
tives of a deceased inventor, whether a citizen of the South African Republic or 
an alien. Patents may be obtained in the name of a corporation or association, 
provided the application be made by the true and first inventor, who must be 
described as such in the application. Two or more persons may jointly apply 



182 SOUTH AFEICAN REPUBLIC (TRANSVAAL). 

for a patent. If an applicant dies before the issue of his patent, the patent may- 
be granted to his lawful heirs, and sealed at any time within twelvemonths after 
the decease of the applicant. The lawful successor of a deceased inventor may 
apply for a patent within twelve months of the death of such person. In case 
any one is unable, through some incapacity, to perform any act required by the 
law or regulations, then his guardian or curator, or, these failing, a person ap- 
pointed by the High Court, can do such act in the name and on behalf of such 
person. 

Patents, Kind and Term. — Patents of Invention, gi-anted for 14 years, 
counting from the date of the filing of the application therefor, but subject to 
the payment of the prescribed taxes at the end of the third, fifth, eighth and 
eleventh years of the term of the patent. In case of prior foreign patents, the 
patent will become void at the expiration of the term of the first expiring prior 
foreign patent. In case any prior foreign patent, or like privilege, has expired 
at the time of the issuing of the patent in the South African Republic, the latter 
patent will be void ah initio. Provisional protection is granted for a term of 
nine months, counting from the date of application, but in such case the 
applicant must file his complete specification, or notify the Commissioner that 
he desires his provisional specification to be regarded as a full description and 
wishes to proceed therewith, within four months from the date of his ap- 
plication. 

The State President may, with the advice and consent of the Executive 
Council, extend the term of a patent for such time, not exceeding fourteen years, 
as he may deem advisable. 

Unpatentable. — Any invention, the application of which is contrary to law, 
good morals or order. Theoretical principles, systems, methods, discoveries or 
conceptions, the manner of the application of which is not given. 

NoTelty, Effect of Prior Patent or Publication. — The application should be 
filed before any publication or prior use of the invention in the South African 
Republic. 

Taxes.— Taxes are payable at the end of the third (£20), fifth (£100), eighth 
(£150), and eleventh (£200) years of the duration of the patent. If through any 
accident, error or negligence, the holder of the patent does not make the pay- 
ment within the prescribed time, the Commissioner may extend the time for 
making payment, but not to exceed three months, upon payment of a fine 
of £10. 

Assignments. — Patents may be assigned in whole or in part, but no assign- 
ment will be legal unless made by way of notarial deed, and properly registered 
at the Office of the Commissioner of Patents. The deed of assignment must be 
accompanied by a power of attorney signed by the assignee authorizing the 
recording of the document. No special form is prescribed. 

Working. — There are no requirements as to working, but the Government 
may require the holder of a patent to grant licenses if the patent is not made use 
of within the State, the reasonable demand of the public cannot be met, or any 
one is prevented from making use of or deriving the full benefit from an inven- 
tion in his possession. 

The Application, — Procedure. — The Patent Office is established at Pretoria 
and is under the charge of a Commissioner of Patents appointed by the Govern- 
ment and confirmed by the First Yolksraad. 

Applications for patents must be made to the Commissioner of Patents, and 
be accompanied by either a provisional or a complete specification. If an 
applicant has filed a jjrovisional specification he must file his complete specifica- 
tion within four months from the date of his application, or within this time 
notify the Commissioner that he desires his provisional specification to be regarded 
as a full description and wi&hes to proceed therewith, or the application will be 



SOUTH AFEICAN KEPUBLIC (TKAlsSVAAL). 183 

considered as withdrawn. When a full description or complete sjDecification has 
been filed, the applicant enjoys provisional protection of his invention until the 
grant of Letters Patent, or the time within which same should be sealed has 
expired. He cannot, however, claim damages for infringements- until he has re- 
ceived his patent. The Commissioner may, at any time before the grant of 
the patent, allow or demand the amendment of the title or the specification, in 
case either is not explicit enough or too prolix. If the Commissioner requires 
such amendment, the applicant may appeal from his decision to the State Attorney, 
who will hear the case and decide whether and under what circumstances the 
application shall be accepted. 

In case the applicant desires to proceed with his application he must give 
written notice to the Commissioner, stating the title of the invention, the dates 
upon which the apphcation and complete specification were filed, produce the 
receipt therefor and pay the fee prescribed therefor. The Commissioner there- 
upon hands the applicant or his agent a notice, which the applicant must pub- 
lish as soon as possible, once in the Staatscourani, once in a newspaper published 
in Pretoria, and twice in a newspaper published in or near the place where the 
appHcant uses or exploits his invention, or, in case he does not use it, where he 
lives; and in case no newspaper is published there, then twice in such newspaper 
as is in circulation there or in another newspaper to be chosen by the Commis- 
sioner. 

Thereupon, any one whose interest it is to oppose the granting of the Letters 
Patent may, on payment of the prescribed fee, file his objections, within such a 
time as the Commissioner shall fix in the notice, not, however, less than one 
month. 

In case objections are lodged against the granting of Letters Patent to a 
foreign applicant the Commissioner can, before taking the case into final con- 
sideration, grant another term, not exceeding six months, after the date fixed in 
the notice. 

At the time and place mentioned in the notice the applicant must produce 
the newspapers in which the notice has been published. The Commissioner 
thereupon hears and considers the application, as well as all objections lodged 
with him, and decides thereon, subject to appeal to the State Attorney, who has 
the right to give final decision. 

The Commissioner may call in the assistance of experts and other persons, 
and he has the right to decide whether any and what remuneration shall be paid 
to them for such assistance, either by the applicant or by the objector. 

The Commissioner has also the right to direct that the costs of the hearing 
of an application, objection, or any other proceeding in connection with the 
granting of Letters Patent, shall be paid, to fix the amount to be paid, and to 
decide by and to whom it must be paid. Such an order by the Commissioner can 
be declared legally executable. 

In case the objector or the applicant is residing abroad or has no fixed prop- 
erties within the State, then the applicant or the objector, prior to the hearing 
of the application or objection, has the right to require that security, to the sat- 
isfaction of the Commissioner, be given by the applicant or objector for the 
costs. 

In case no objections have been lodged, or if lodged, have been decided in 
favor of the applicant, the Commissioner will issue a certificate for the granting 
of Letters Patent on payment of the prescribed fee. In this certificate he will 
enumerate all the stipulations, provisions and conditions which it is desirable or 
necessary to embody in the Letters Patent. 

The Commissioner, upon the request of the applicant to do so, will, as soon 
as possible, have the Letters Patent drawn up and sign, seal and deliver same. 

The sealing of Letters Patent cannot take place later than twelve months 
after the date of the application, except in the following instances: 

[a] In case the sealing is delayed on account of an appeal to the State 
Attorney, or on account of objections being lodged against the grant- 
ing of the Letters Patent, the sealing can take place at such time as 
the State Attorney shall determine. 



184 SOUTH ATEICAN KEPUBLIC (TEANSVAAL). 

{b) In case the applicant dies before the expiration of the period of twelve 
months set forth in this article, the Letters Patent may be granted to 
his lawful heirs and sealed at any time within twelve months after the 
decease of the applicant. 

It should be noted that oppositions to the grant of j)atents in this country, 
particularly where the subject-matter of the invention relates to mining processes 
or apparatus, seem to be more and more frequent, the protest usually coming 
from either the Witwatersrand Chamber of Mines, the Rand Central Ore Reduc- 
tion Company (owner of the Julian patents), or the African Gold Recovery Com- 
pany (owner of the MacArthur-Porest patents). These companies have large 
capital, employ skillful counsel, and press their oppositions earnestly and per- 
sistently, so that applicants engaged in a contest with them should take no 
chances, but must prosecute their cases skillfully, otherwise they are certain to 
lose their causes. 

Joinder of Inventions. — Patents will only be granted for one invention. It 
is not lawful, however, to object to Letters Patent on the ground that it embraces 
more than one invention. 

Models. — May be demanded by the Government on paying cost of same. 

Exhibitions. — The exhibition of an invention, or the public use of the same 
at an international or industrial exhibition, will not prevent the obtaining of 
a perfectly valid patent, provided the exhibitor informs the Commissioner in 
advance of his intention of so doing, and applies for the patent w-ithin six 
months of the opening of the exhibition. 

Patent in Frand of True Inventor. — May be canceled, and a patent be issued 
to true inventor. 

Amendment Before Issue. — The Commissioner may require or allow amend- 
ment of the title or specification at any time before the granting of the patent. 

Amendments After Issue. — The Commissioner may grant leave to amend 
the specifications and drawings at any time after the issue of the patent, but 
no amendment may claim an invention more comprehensive or difterent from 
the invention covered by the original description. In a law suit for infringe- 
ment the court may direct amendment of the description. 

Compulsory Licenses. — If it is proven on the petition of an interested party 
to the satisfaction of the Government that in consequence of the refusal of the 
patentee to grant permission for the using of his invention on reasonable terms: 
{a) The patent is not made use of in this State; (&) The reasonable demand of 
the public in connection with the invention cannot be met; or (c) Any one is pre- 
vented from making use of or deriving the full benefit from an invention in his 
possession; then the Government, with advice and consent of the Executive 
Council, may order the patentee to grant licenses under such conditions as the 
Government may deem reasonable, in accordance with the nature of the inven- 
tion and the circumstances of the case. The execution of such a Government 
resolution can be legally enforced. 

Annulment of Patents. — An application may be made to the High Court for 
the cancellation of Letters Patent on one or more of the following grounds : (a) 
That the Letters Patent have been fraudulently obtained to the prejudice of 
another's rights; (b) That the person represented as being the first and real 
inventor was not such; (c) That the invention was not new; (d) That the in- 
vention is not capable of being patented; (e) That the description has refer- 
ence to theoretical principles, systems, methods, discoveries or conceptions, 
the manner of the application of which is not given; (/) That the full de- 
scription is not sufficient, i. e., that mention of a part of the secret has been 
omitted, or that it has been insufficiently explained; ig) that the invention, 
or the application of the same, is contrary to law, public order or good morals; 
{h) That the name of the invention fraudulently sets forth another matter in- 



SOUTH APEICAN EEPUBLIC (TKANSVAAL). SOUTH AUSTKALIA. 185 

stead of the true one; (i) That the prescribed payments have not been duly 
made; {k) That the Letters Patent have lapsed in virtue of Article 22 of the law. 
The cancellation of Letters Patent can only be asked by the following per- 
sons: («) The State Attorney; (b) Any person expressly authorized thereto by 
the State Attorney; (c) Any person who alleges that the Letters Patent have 
been obtained in violation of his rights or of the rights of another person from 
whom he derives his rights; [d) Any one who alleges that he or another per- 
son from whom he derives his rights is the true inventor of the invention in 
question; (e) Any one who alleges that he, his partner, or another person from 
whom he derives his rights, has already publicly manufactured, used or sold 
before the date of the Letters Patent that which the Patent holder claims as 
his invention. 

Infring-einents. — An action for infringement of a patent can be instituted in 
the High Court by the holder of a patent against any one who, during the term 
for which the Letters Patent are in force, works, sells, makes use of, applies, 
imitates or copies the invention without the sanction of the holder of the patent. 

All the grounds on which the cancellation of Letters Patent may be asked 
form a good defence in a law suit for the infringement of a Patent. 

In a suit for the infringement of a patent the Court may, on the application of 
one of the parties, order the suspension or cessation of work, the producing of 
accounts or the making of an inspection, and may take for that purpose such 
measures as may appear necessary and desirable. 

DOCUMENTS REQUIRED. 

1. Application. — Signed by the inventor and two witnesses, who should state 
their full address, and legalized by a Consul of the Netherlands. 

2. Specification in Duplicate. — In the Dutch language, signed by the in- 
ventor, also two copies in the language of the inventor, and signed by him. 

3. Drawings in Duplicate.— Upon bristol board or tracing cloth. No signa- 
tures. 

4. Power of Attorney. — Signed by the inventor and two witnesses, and legal- 
ized by a Consul of the Netherlands. 

Note. — We can obtain the legalization here, when desired, at a cost of ^5 for each legalization. 

5. Before the Patent is Issued, but after the filing of the application, the 
application must be advertised, and copies of the papers containing such adver- 
tisements must be supplied. 

6. A Bond or Other approved Security to provide for the costs of possible op- 
positions. This security should not be less than $1,000. Upon the deposit of 
cash with us we can arrange for the furnishing of the necessary bonds through a 
banking house of this city. In forwarding applications solicitors should in- 
struct us with regard to oppositions, giving positive instructions whether we are 
to withdraw the application or to contest objections if oppositions are entered. 



SOUTH AUSTRALIA. 



Filing" of Applications. — Our agent advises in all cases that the South 
Australian application be tiled prior to or simultaneously with the issue of the 
United States patent. As soon as the United States patent is issued, the Official 
Gazette is immediately forwarded to South Australia, and the publication in 
the Gazette is often sufficiently full and explicit to constitute a bar to the 
issuance of a valid patent upon an application filed after the receipt of the 
Gazette in South Australia. 

Assignments. — A duplicate assignment must always be furnished. A copy 
assignment will not be accepted by the Kegistrar. The consideration expressed 
should not be less than £5; otherwise the document will be almost certainly 
returned as not expressing the true consideration. 



186 SPAIN. SWAZILAKD (SOUTH AFEICA). 

SPAIN. 



Colonies.— By a Ministerial Order dated July 23, 1898, the extension of pat- 
ents to the Colonies has been suspended until further notice. 

Taxes. — All taxes should be paid at least one day before the time expires 
i. e., if the patent is dated July 12th. the payment should be made on or be- 
fore the 11th day of July, at the very latest. If, however, the last day falls 
on a Sunday or a holiday, the payment may be made the day thereafter. 
This is by reason of a Eoyal Decree, dated two or three years ago. 

As a war measure all taxes on patents have been increased 40 per cent. 

Assig-nments. — All mention of consideration should be avoided. The Span- 
ish Consul is obliged to charge a very heavy percentage for the consideration 
expressed for stamp duty when legalizing the same, above legalization fees, 
The assignment will be j)erfectly good and valid without any consideration 
being expressed. 

Working's. — The first working must be i)roven to the satisfaction of the 
Oo vernment ; subsequent workings need not be so proven. Actual manufac- 
ture of the invention is required to constitute a legal working. Solicitors 
should always forward the specification of the patent, that is, the specification 
delivered with the patent, when ordering working, as this is absolutely required 
to be forwarded for the first working. Workings should be proven at least one 
day before the time expires, i. e. , if the patent is dated July 12th, the working 
should be proven on July 11th at the very latest. 

Documents Eequired. Drawings. — Semi-transparent cloth will no longer be 
accepted. Thin tracing cloth is now absolutely required. 



SWAZILAND (SOUTH AFRICA). 



TChe patent law of Swaziland is almost an exact copy, word for word, of the 
patent law of June 1, 1887, of the South African Kepublic 

LAW AND PRACTICE. 

TTho may be Patentee. — The actual inventor. Corporations and firms have 
the same right, but only in case the inventor is one of the members, and is 
pointed out in the application as such. Joint inventors may obtain a joint pat- 
ent. Where an inventor, having obtained provisional protection, dies before com- 
pleting his application, his legal representatives may obtain the patent, 
provided they proceed to do so within three months after his decease. If an 
inventor dies without having filed an application for patent, his legal repre- 
sentatives may obtain a patent provided they make application therefor within 
six months after the decease of the inventor. 

Patents, Kind and Term. — Provisional protection may be obtained for a term 
of six months by filing a provisional sjjecification ^dth the application. Patents 
of invention are granted for fourteen years, counting from the date upon which 
the application for patent is filed, subject to the payment of the prescribed 
taxes. In case a prior foreign patent exists, the patent will expire with the 
foreign patent if the term of the latter is the shorter, and if there be more 
than one such foreign patent, it will lapse with the expiration of the first prior 
foreign patent. 

Unpatentable. —Inventions, the application of which is contrary to law, 
good morals or order, and inventions for which foreign patents have been 
granted that have expired. 



SWAZILAND (SOUTH AFEICA). SWEDEN. 187 

Novelty, Effect of Prior Patent or Publication. — In order to obtain a valid 
patent the application therefor must be filed before any publication or public 
use of the invention in Swaziland. Prior patenting or publication of the inven- 
tion in any other country will not prevent the issue of a perfectly valid patent 
provided the invention is new in Swaziland at the time the application for pat- 
ent is filed. If due notice of intention to exhibit is given and the application 
for patent is filed within six months after the opening of the exhibition, the 
publication of the invention consequent upon its exhibition will not prejudice 
the rights of the inventor to obtain a patent. 

Taxes. — A tax of £5 is payable before the expiration of the third year of the 
life of the patent, counting from the date of the filing of the application, and a 
further tax of £10 before the expiration of the seventh year. If the patentee 
fails to pay a tax within the prescribed time, an extension of time not exceeding 
three months may be obtained for making the payment upon payment of a fine 
of £5. 

Assig-nments. — Should be prepared in duplicate, and must be accompanied 
by a power of attorney enabling the filing agent to record the same. The latter 
must be signed by the assignee, and both assignments and power must be signed 
before a Notary and be legalized by a Consul of the Netherlands. No special 
form is provided; any form suitable for recording in the South African Kepublic 
will answer. 

Working's. — There are no requirements. 

DOCUMENTS REQUIRED. 

1. Application. — Signed by the applicant and two witnesses before a Notary- 
Public and legalized by a Consul of the Netherlands. 

2. Specification in Duplicate. — Signed by the applicant. 

3. Drawings in Duplicate. — Upon tracing cloth of any suitable size. No 
signatures required. 

4. Power of Attorney. — Signed by the applicant and two witnesses before a 
Notary Public and legalized by a Consul of the Netherlands. 

(We can obtain the legalizations here when desired, at a cost of $5 for each legalization.) 

5. Before the Patent is Issued, but after the filing of the application the 
application must be advertised, and copies of the papers containing such adver- 
tisements must be filed. 

SWEDEN. 



The patent law of May 16, 1884, was amended by the law of May 26, 1897, 
and took effect from Jan. 1, 1898. 

Novelty, Effect of Prior Patent or Publication. — The amending law deals 
entirely with Sections 3 and 25 of the law of May 16, 1884, substituting the fol- 
lowing sections in lieu thereof: 

§3. 

No invention shall be considered as new, if prior to the time of the filing of the application for 
patent with the Patent Authority, such invention has already been described in any printed publica- 
tion which is accessible to the public, or so openly put in practice as to enable any expert, through 
the information obtained thereby, to carry out the said invention, or if the object of the invention 
should not in its main points differ from articles or processes which in this way have become previ- 
ously known. 

If the invention has been exhibited at any international exhibition, the fact of the said invention 
thereby or afterwards becoming known through any printed publication, or through the said inven- 
tion being put in practice, shall not hinder the granting of letters patent, provided the application 
for such letters patent be filed within six months from the exhibition of the invention. 



188 SWEDEN. SWITZERLAND. 

§§5. 

With regard to any invention protected in any country which gives similar concessions to 
inventions patented in this country, the King has the right to enact : 

That if any person in such country apphes for letters patent for an invention before the ex- 
pii'ation of a certain time, which in the ordinance may be fixed not to exceed either seven months 
from the time of the application for the protection of the said invention in the said foreign State, or 
three months from the publication of the granting of protection by the proper authority, then, the 
application made in this country, so far as it relates to other applications, and with regard to such 
hindrance against granting letters patent as is mentioned under Sec. 3. shall be considered as having 
been made at the same time as the appUcation in the said foreign country. 

We are advised that the United States is regarded as a country "which 
gives similar concessions," and that citizens of the United States may avail 
themselves of the delay of seven months jDrovided for in amended Sec. 25, for 
filing their applications for patents. 

Priority for Filiug- Applications. — We are informed by our agents that 
citizens of the United States are entitled to the seven months' priority for filing 
applications, pro"\dded for by the new law. But in order to take advantage of 
this provision an applicant must prove that he has lodged his application in the 
United States, and must also prove the contents of his application, and that 
same agrees with his application in Sweden. 

Calculating' Delays of Time. — In calculating delays of time under the j)atent 
and trade mark laws, months are counted date for date, as, for example, from 
July 1st to September 1st equals two months, and not by days, and in case the 
last month of the delay lacks the corresponding day, as, for examjDle, the 29th, 
30th or 31st, the last dav of the month is considered the last day of delay. 



SWITZERLAND. 



Assig"nments. — In addition to the assignment, a power of attorney authoriz- 
ing the recording of the assignment, signed by the assignee, and legalized by a 
Swiss Consul, must be furnished. Assignments may be made and recorded 
either before or after the issue of the j)atent, the former when the patent is to 
issue to an assignee. 

Working's. — It is held that it is not necessary to actually manufacture the 
patented invention in Switzerland, so long as the patent is worked in a foreign 
country. It is sufficient to produce proof of the latter, and to register the 
same m the Swiss Patent Office. We are informed that no Swiss patent has 
up to the present time been declared invalid, except where the patented object 
was imported from abroad, while at the same time the patentee refused to grant 
licenses to residents of Switzerland upon fair conditions. 

Applications.— All applications for patent must be completed within six 
months of the date of application, or they will be unconditionally rejected. 
This is ^ot a new rule. There is no possible way of obtaining an extension of 
this tim^. If a new application is filed after such a rejection, a valid patent may 
still be obtained in Switzerland, provided the invention is new as to Switzerland 
upon the date upon which the new apj)lication is filed. Novelty is considered 
as of the date of the new application, and must exist at that time. 

Transformation of Provisional Patents into Deflnitive Patents— In order to 
have a provisional patent transformed into a definitive patent it is necessary to 
prove the existence of the patented object, either by the object itself, by a model 
or by photographs. In either case, all the parts contained in the claims must be 
visible and recognizable. If not, the application will be refused. If the appli- 
cation is filed near the expiration of the three-year period, applicants will run 
the risk, in case of refusal, of not having sufficient time within which to furnish 
additional proof, and their rights may expire without recourse. It should also 
be noted that provisional patents do^not afford any protection against infi'inge- 
ments. 



TASMANIA. TRINIDAD. 18 9 

TASMANIA. 



Filing" of Applications. — Our Tasmanian Agents advise us tliat it is essential 
that applications should be filed in Tasmania, either prior to or simultaneously 
with the issue of the United States patent. The Official Gazette of the U. S. 
Patent Office is forwarded to Tasmania immediately upon the issue of the XJ. S. 
patent, and very frequently, if not generally, the publication of the Official 
Gazette is such a publication as will bar the issue of a valid patent in that 
Colony. 

Documents; Drawings. — The drawings are now required to be made upon 
tracing cloth of the same, size as heretofore. 

Internatioujil Convention. — By Section 106 of the Patents, Designs and 
Trade Marks Act of 1893, provision is made for giving priority for filing applica- 
tions for patents by residents of England or countries with which England has 
Treaties, and for filing applications for the registration of trade marks. This 
term of jjriority is 12 months for a patent, and 6 months for a design or trade 
mark. This Section is conditioned on an Order in Council by the Queen, apply- 
ing Section 103 of the British Patents, Designs and Trade Marks Act, 1883, to 
Tasmania. This Order in Council was made under date of April 3U, 1894, and 
as Great Britain is, by virtue of Section 103, of the law of 1883 and other Acts, 
a member of the International Union, Tasmania accords the above priority to all 
citizens or States of the Union. 



TRINIDAD. 



The law in force is " The Patents, Designs and Trade Marks Ordinance, 
1894," as amended by "The Patents, Designs and Trade Marks Ordinance, 1897," 
the two Acts together being cited as " The Patents, Designs and Trade Marks 
Ordinances 1894 and 1897." 

LAW AND PRACTICE. 

Who may be Patentee. — The actual inventor, or the first importer or intro- 
ducer of the invention into the Colony. Two or more persons may make a joint 
application, and a joint patent will be issued to them. The word " person " is 
interpreted to include a body corporate. 

Patents, Kind and Term. — Patents of invention granted for fourteen years, 
counting from the date of the grant. The governor may, in his discretion, extend 
the term of the patent for any period not exceeding seven years, and extend such 
further period to a like extent as often as he may deem proper. Patents vest in 
the patentee, his executors, administrators, assigns and licensees, the sole right 
and benefit of " using " the invention mentioned in the patent for the full term 
for which the patent is or may be granted. 

Instead of filing a complete specification with the application, a provisional 
specification may be filed, whereupon the invention will be provisionally pro- 
tected for a period of nine months. The complete specification may in such case 
be lodged at any time before the expiration of nine months, counting from the 
filing of the aiDplication. 

Unpatentable. — The Registrar may refuse to grant a patent for an invention 
which is, or the use of which would be, scandalous or contrary to the laws or 
good morals; otherwise the law is silent upon this point. 

Novelty, Effect of Prior Patent or Publication. — The act provides that a 
patent may be revoked if anything claimed was publicly manufactured, used or 



190 TRINIDAD. 

sold within the Colony before the date of the patent, or was included in some 
prior patent (granted in the Colony). There is no reason to doubt that novelty 
within the Colony is the sole requisite, and that a valid patent may be obtained 
at any time, without regard to public use, or the issue of prior patents in other 
countries, so long as the invention has not been publicly manufactured, used or 
sold, or patented, in Trinidad, at the time the application for patent is filed. 

Taxes. — There are none after the issue of the patent. 

Assig-nments. — Where a person becomes entitled by assignment, transmis- 
sion, or other operation of law to a patent, the Registrar will, on request, and 
on proof of title, cause the name of such person to be entered as proprietor of 
the patent, in the register of patents. The person for the time being entered in 
the Register of patents, as proprietor of a patent, will, subject to the provisions 
of this Ordinance and to any rights appearing from such register to be vested 
in any other person, have power absolutely to assign, grant licenses as to, or 
otherwise deal with the same, and to give effectual receipts for any consideration 
for such assignment, license or dealing. Provided that any equities in respect 
of such patent, may be enforced in like manner as in respect of any other per- 
sonal property: Provided also that the priority of all assignments and charges 
shall, as regards purchasers for value without notice, be determined by priority 
of registration. 

No trust, express, implied or constructive, will be entered in the register. 
Priority, as regards purchasers for value, without notice, will be determined by 
priority of the registration of the assignments. 

The assignments should be in duplicate, and had better be signed before a 
British Consul, the signature and execution being verified by a declaration of 
one of the subscribing witnesses. No special form is prescribed; it is recom- 
mended, however, that the British forms, (with suitable modifications), be used. 

Working-. — There are no special requirements, but the courts may order a 
patentee to grant licenses on such terms, and enforce such order in such manner, 
as they may deem fit, if on petition of any interested party it is shown that [a) 
the invention is not being worked in the Colony; (b) that the reasonable require- 
ments of the pubiic cannot be satisfied; (c) that any person is prevented from 
working or using to the best advantage an invention of which he is possessed. 

It is thought advisable, in case an invention is not being actually worked in 
the Colony, to insert a notice in one or more of the principal papers offering to 
grant licenses to responsible parties, or to sell the patent. 

Ameiirtments and Disclaimers. — Any patentee may, on payment of the jjre- 
scribed fee, enter with the Registrar a disclaimer or disclaimers of any part or 
parts of either the title of the invention or of the specification, stating the reason 
for such disclaimer, or may enter a memorandum of any alteration in such title 
or specification, not being such disclaimer or such alteration as would make the 
patentee claim an invention substantially larger than or substantially different 
from that claimed by the specification as it stood before such amendment ; and 
such disclaimer or memorandum of alteration being filed by the said Registrar 
will be deemed and taken to be part of such title or specification: Provided that 
the foregoing j)rovisions of this Section shall not apply to a patent in respect of 
which an action for infringement or proceeding for revocation of a patent is 
pending. Applications for leave to file such amendments, or disclaimers, are 
required to be advertised in the Royal Gazette. 

The Application, Procedure. — Applications for patents are filed in the 
Registry of Patents, Designs and Trade Marks. The Registrar-General of the 
Colony is at present the Registrar and in charge of patent matters. Upon receipt 
of the application, it is examined to ascertain whether the documents presented 
are sufficient, and in due form, but no examination is made as to the novelty of 
the invention, nor is opportunity afforded for third parties to oppose the grant 
of the patent. 



TKmiDAD. TUNIS. TURKEY. 191 

An entry of the application, together with the name of the inventor, the 
date of filing, and the serial number, is made in " The Eegister of Patents," and 
the patent is then delivered to the inventor or his agent. 

A copy of the patent is published in the Royal Gazette. 

Infringements. — A patentee may restrain any person from infringing his 
patent, and may recover damages for such infringement by action brought in the 
Supreme Court. 

Revocation of Patents. — A patent may be revoked upon a petition to the 
Supreme Court when {a) the patent was obtained by fraud; (h) the patentee is 
not the true inventor or proprietor of every invention included in his claims; 
(c) anything claimed as an invention was published, manufactured, used or sold 
within the Colony before the date of the patent, or was included in some prior 
patent. The petition may be presented by [a] the Attorney-General or Solicitor- 
General of the Colony, or by any person authorized by them so to do; (5) any 
person alleging that the patent was obtained in fraud of his rights, or of the 
rights of any person through whom he claims; (c) any person alleging that he 
or any person through whom he claims was the true inventor of any invention 
included in the claims of the patentee; [d) any person alleging that he or any 
person under or through whom he claims an interest in any trade, business or 
manufacture, had publicly manufactured, used or sold, within the colony, before 
the date of the patent, anything claimed by the patentee as his invention. 

DOCUMENTS REQUIRED. 

1. Declaration. — Signed by applicant before a British Consul. 

2. Specification in Duplicate. — Should be on sheets of strong, white paper, 
8 inches in width by 13 inches in height. A 2-inch margin should be left at 
the left-hand side. The specification may be signed by either the applicant or 
the agent. 

3. Drawings in Dnplicate. — On tracing cloth (never on tracing paper), any 
suitable size. No signatures required. 

4. Appointment of Agent or Power of Attorney. — Signed by applicant. 

TUNIS. 



Taxes.— By decree of the ler Rabia I 1310 (September 26, 1892), 
the annuities upon patents are due on the date corresponding to the delivery 
of the patent. The patent commences to run from the date of the application. 
As above stated, taxes may be paid from the date of the delivery of the patent. 
After that date, taxes will no longer be accepted by the Treasury. Taxes, of 
course, are payable yearly in advance. 



TURKEY, 



Novelty, Effect of Prior Patent or Publication. — A good deal of uncertainty 
has existed upon the exact amount of novelty required at the moment of filing 
the application, for the reason that one section of the Turkish law seems to re- 
quire absolute novelty, while another section of the law provides for the issue of 
Turkish patents after the issue of foreign patents. Our agent has consulted with 
the Minister of Commerce, -and the Minister has stated that where a prior for- 



192 TURKEY. UNITED STATES OF CENTRAL AMERICA. 

URUGUAY. VENEZUELA. 

eign patent exists, the question of novelty is not raised, as in such a case as this it is 
simplv a question of issuing a Turkish patent for the subject-matter of a prior 
foreign patent, — in other words a patent of importation. Absolute noTeltv is re- 
quii'ed in case of a j)atent of invention, and by this is meant that the invention must 
not have been published in any country, but where an ax)plication is based upon 
a prior foreign patent, no such novelty is requisite. Patents issued in the 
United States for inventions relating to mihtary weapons or naval purposes 
cannot be easily reissued in Turkey, as the apiDhcation is always referred to 
the respective Depai-tment of the Admiralty for decision, and the decision is 
usually adverse to the grant of the iDatent, as the Turkish Government wishes 
t o fi*eelv use all such inventions in the armv and navv. 



UNITED STATES OF CENTRAL AMERICA. 



The Central American ReiDublics of Honduras, Nicaragua -and Salvador have 
consolidated under the name of the United States of Central America. It is ex- 
IDected that the President of this new Rej^ublic will be inaugurated upon March 
15, 1899, and we understand that during the same month the Congress will meet 
and pass laws applicable to the entire territory now covered by these individual 
Republics. Until that date, however, each country will continue to grant its 
own iDatents, and to give separate protection for trade marks used within its 
borders. Until the j)assage of a law covering the entire territory of the United 
States of Central America, we can give no idea of the future practice. We pre- 
sume, however, that it will be on lines similar to the present practice in indi- 
vidual States, and that some j^rovision will be made almost immediately for the 
protection of j)atents and trade marks. "VTe hope that the new Republic will 
pass a liberal and well-considered patent law that will give encouragement 
to inventors to apply for protection there, and that will insure thorough protec- 
tion for the trade marks of merchants and manufacturers. "We will give prompt 
advice of all legislation ujDon these subjects. 

Note. — Since writing the above a successful revolution in San Salvador has occurred which will 
delay, if not altogether prevent, the consolidation of the above three Republics. 



URUGUAY. 



Taxes. — All taxes are payable in the first ten days of January of each year. 
This is the general rule, although some exceptions have been made, to our 
knowledge, where taxes have been received within ten days from the beginning 
of each year of the life of the patent, counting from the date of issue. It will 
certainly be safe to pay the tax in the first ten days of January of each year. 

Documents Required. — Drawing's. — Three coj)ies of the drawings must be 
furnished, on tracing cloth of any suitable size. No signatures required. The 
drawings should be made to metrical scale, and the scale should be indicated 
upon the drawings. 

VENEZUELA. 



Taxes PayaWe.— By decree of April 28, 1898, the President of the Republic 
has demanded the payment of all taxes upon patents of invention, whether 
issued or to be issued^ for the full term for which said patents have been or 
may be granted. The practice in Venezuela has been to issue patents, upon 



VENEZUELA. 193 

payment of one-half the taxes for the full term for which the patent was 
granted, and to permit the other half of the taxes to be paid at any time before 
the expiration of the first half of said term. 

According to this decree holders of Yenezuelan patents, upon which only 
one-half the prescribed taxes have been paid, were required to pay the remaining 
half of the taxes due, before July 28, 1898, or their patents were declared 
forfeited. The full tax for the entire term must be paid on all patents issued 
in the future. The tax amounts to 80 bolivares a year for patents of invention, 
and 60 bolivares a year for patents of improvement. 

Working". — The following exceedingly important decision or decree by the 
President of the Republic defines the amount and kind of working required 
from foreign patentees. 

Article 7 of the patent law of May 25, 1882, requires an invention to be 
worked within six months, one year, or two years, according as the patent is 
granted for five, ten or fifteen years, under penalty of the forfeiture of the pat- 
ent. Moreover, the working must not be discontinued for as "much as a whole 
year at a time. The decree is as follows: 

"United States of Venezuela, Ministrv of Fomento, Direction of Territorial 
Wealth, Caracas, May 17, 1890, 87th and 32nd. 

Whereas, an application by an attorney for various foreign inventors that 
have previously obtained patents for inventions that are worked abroad, has 
been presented to this Cabinet, inquiring of the Government: 

First. — If in order to preserve the rights acquired it is necessary for his 
principals to put in practice in this country the patented invention, or if it 
will suffice to pay the legal taxes, and maintain the working of the discovery 
or invention patented either in Venezuela or outside of it, provided that the 
patentees have the ability to fill the orders sent to them from this country. 

Second. — When will the Government consider, for the purpose of preserv- 
ing the privilege, that the legal requirements are complied with, with regard 
to maintaining in practice the patented invention or process, and what form is 
demanded for j)roving the same, in order to sustain before the same Govern- 
ment the rights that the patent accords. 

The President of the Republic, in view of the vote of the Federal Council, 
has thought it well to resolve that those that may have obtained patents for 
inventions or processes that are worked abroad, do not need, in order to pre- 
serve their rights, to put them in practice in Venezuela, but only need to pay 
the legal taxes to maintain them, and to have the ability to fill the orders that 
may be sent to them from this country ; and in so far as relates to the fact of 
considering the requirements fulfilled in order to preserve the privilege, it will 
be sufficient to prove that the object of the invention is worked, by means of a 
certificate of the authorities of the place where it is worked, and of the re- 
spective Consul of Venezuela. 

Communicate and publish. Francisco Batalla.'' 

It will be observed, then, that Venezuelan patents may be worked in either 
one of two ways: 1st, by importing machines or apparatus into Venezuela, and 
exposing and advertising them for sale, or, in case of a process, by putting it 
into operation in some manufactory there. In this case certificates should be 
obtained from the parties that have used the invention, or in whose possession 
the machines or apparatus have been, and these certificates, together with copies 
of the papers (if any) containing the advertisements, should be produced before 
the authorities; or 2d, the certificates mentioned in the above decree may be 
obtained and produced before the authorities for the purpose of proving the 
working. The working being proven, the certificates, advertisements, etc. , should 
be retained by the patentee for production before the Courts, should occasion 
require. 

The Application, — Procedure. — Applications for i^atents are addressed to the 
Federal Executive, and are filed at the office of the Minister of Fomento. No 
examination is made as to the novelty or utility of the invention, but as soon 



194 VENEZUELA. VICTOEIA. WESTERN AUSTKALIA. 

as the application is filed, if the documents are complete, and all are in proper 
form, the application is published in the Gaceta Official for a period of thirty 
days, during which term any party interested can oppose the grant of the 
patent, if he considers that he would be injured by the issue of the patent 
because a patent has already been granted to him for the same invention, or 
because he has already used the invention before the date of application. 

The period of publication having passed, and there being no reason why 
the patent should not be issued, the patent is granted, and delivered by the 
Federal Executive, through the Minister of Eomento. 

Infring-emeiits. — Infringements are punished according to the provisions of 
the civil and penal codes, all actions concerning same being brought and 
prosecuted in the federal tribunals. 



VICTORIA. 



Filing" of Applications. — We are advised to file Victorian applications prior 
to or simultaneously with the issue of the United States patent. Although the 
Victorian law allows one year from the date of the first i)rior foreign patent for 
the filing of the application for jDatent in Victoria, still the present jDractice is 
to require the application to be filed T\dthin such time as will allow of the seal- 
ing of the Victorian patent within twelve months from the sealing of such 
foreign patent. 

Assig-nments. — In order to record an assignment the following documents 
are required : 

1. An assignment duly signed by the assignor. 

2. An examined copy of the assignment, with declaration supporting 
same. 

3. A request to enter name of subsequent ]3roprietor. 
No particular forms are prescribed for these documents. 

Execution of Documents. — Documents must not hereafter be executed in 
blank ; the Commissioner of Patents now refuses to receive all documents which 
have been executed in blank, and subsequently filled up by the agent. 

Declarations. — All declarations for use in this colony must be statutory 
declarations, and recite the statute under which they are made. 

Drawing's. — The figures in drawings for Victoria must all face in the same 
way. The drawings will be rejected if they do not fulfill this requirement. 



WESTERN AUSTRALIA. 

Who may be Patentee. — Letters patent are granted to: 1. The actual in- 
ventor; 2. The assigns of an actual inventor; 3. The actual inventor jointly with 
the assigns of a part interest in the invention; 4 The legal representatives of a 
deceased actual inventor; 5. Any joersonto whom the inventor has communicated 
the invention, or to whom the invention has been communicated by the legal 
representatives or assigns of an actual inventor,, if the actual inventor, his legal 
representatives or assigns, is or are not resident in Western Australia. 

A firm or corporation may apply for and obtain a patent as the assignee of 
the true and first inventor; aj)plication being made in this case by the members 
of the firm, or by one of the officers or the managing director of- the corporation. 



WESTERN AUSTRALIA. 195 

Patent, Kind and Term. — There is but one form of protection, /. e. patents 
of invention, wliich are granted for fourteen years, counting from the date of 
apjjlication, subject to the payment of the prescribed taxes. Letters of regis- 
tration ceased to be granted January 1, 1895, owing to Act of October 10, 1894. 
Application for patent may be by way either of provisional protection or upon 
a comjDlete specification. Provisional j)rotection is granted for nine months 
from the filing of the application therefor. Letters patent may in exceptional 
cases be extended for a further term of from seven to fourteen years. 

Unpatentable. — The law is silent upon this jJoint. 

Novelty, Effect of Prior Patent or Publication. — To obtain a valid patent 
the application therefor should be filed before any public use of the invention 
within the Colony of Western Australia. The issue of a patent by another 
-colony or country will not prevent the inventor from obtaining a valid patent 
unless the invention has been introduced into public use in Western Australia 
prior to the filing of the application, or the invention has been anticipated in 
a,nother patent already issued. The exhibition, publication, or i)ublic use of 
3M invention at an International or Industrial Exhibition will not prevent the 
obtaining of a valid patent, provided notice of the intention to exhibit is given 
the Registrar, and the application for patent is filed within six months from the 
date of the opening of the Exhibition. Our agents advise that ai^plications 
should be filed in Western Australia prior to or upon the day of issue of the 
United States patent. The Official Gazette of the United States Patent 
Office is forwarded to Western Australia almost immediately upon issue of 
-the United States patent, and the publication contained in the ' ' Official 
Gazette " is almost always a sufficient publication of the invention to bar the 
issue of a valid patent there. 

Taxes. — A tax of £5-0-0 is payable before the end of four years from the 
date of the patent, and a further tax of £10-0-0 before the end of seven years 
from the date of the patent. An enlargement of time for the payment of these 
fees may be obtained, not exceeding one month, upon payment of a fine of 
£0-10-0; not exceeding two months, upon payment of a fine of £0-15-0; three 
months, upon payment of a fine of £1-0-0; not exceeding four months, upon 
payment of a tine of £1-10-0; not exceeding tive months, upon payment of a 
fine of £2-0-0; not exceeding six months, upon payment of a fine of £3-0-0. 

Assignments. — These may be in any suitable form. It will be best, how 
ever, to follow either the United States or British forms. The assignmen 
should be in duplicate. 

Working-. — There are no requirements. 

Application, — Procedure. — All applications must be addressed to the Regis- 
trar of Patents. Upon filing, the application is examined as to the form of the 
documents, and, if accepted, the Registrar notifies the applicant of the accept- 
ance and proceeds to advertise such acceptance in the "Gazette." Where a 
person making application includes therein by mistake, inadvertence, or other- 
wise, more than one invention, he may after refusal of the Registrar to accept 
such application, amend the claims so as to apply to one invention only, and 
may make application for separate patents for each of the other inventions, 
which will bear the date of the first application. 

Upon the publication of acceptance in the case of an application with a 
complete specification, the application and sj)ecification with drawings, if any, 
may be inspected at the Patent Office upon payment of the prescribed fee, and 
any interested person may within two months from the date of the advertise- 
ment of the acceptance file opposition to the grant of a i^atent thereon. Within 
fourteen days after the expiration of the two months from the date of the adver- 
tisement of the acceptance, the opponent may leave at the Patent Office, statu- 
tory declarations in support of his opposition, delivering a list thereof to the 
applicant. Within fourteen days from the delivery of such list, the applicant 



196 WESTEEN AUSTEALIA. 

may leave at the Patent Office statutory declarations in answer, delivering a list 
thereof to the opponent, and within seven days from such delivery, the oppo- 
nent may leave at the Patent Office his statutory declarations in reply, deliver- 
ing a list thereof to the applicant. The last-mentioned declarations must be 
confined to matters strictly in reply. No further evidence shall be admitted on 
either side, except upon the written consent of the parties, duly notified to the 
Registrar, or by special leave of the Registrar, on aj)plication made to him for 
that purpose. If either party makes application for admission of further evi- 
dence or for extension of time for lodging evidence, he must give three days' 
notice thereof to the opposite party, who is entitled to oppose the application. 

Upon completion of the evidence, or such other time as he may deem fit, 
the Registrar appoints a time for the hearing of the case, giving the i3arties 
seven days' notice, at least, of such appointment, If applicant or the opponent 
desires to be heard, he must file an application with the Registrar to that effect, 
j)aying the prescribed fee. The Registrar may refuse to hear either party, who 
has not filed such an application. If neither i3arty applies to be heard, the 
Registrar decides the case, and notifies his decision to the parties. On the hear- 
ing of the case, no opposition is allowed in respect of any ground not stated in 
the notice of opposition. 

If no opposition is lodged to the grant of a patent, or if an ojjposition is 
lodged and the decision is in favor of the applicant, the patent is granted, and 
is sealed and delivered in due course. If an opponent is successful in establish- 
ing his case, the Registrar will refuse a j)atent, subject to appeal to the Attor- 
ney-General. 

Appeals. — An applicant, (or an opponent), may aiDpealfrom any decision of 
the Registrar of Patents to the Attorney-General, by lodging such appeal within 
fourteen days from the date of the decision appealed against, or such further 
time as the Registrar or Attorney-General may allow. The Attorney-General 
will give seven clear days' notice of the hearing of any appeal. The evidence 
used on appeal shall be the same as that used at the hearing before the Regis- 
trar, and no further evidence can be given, save as to matters which have 
occurred or come to the knowledge of either party after the date of the decision 
appealed against, and excej^t with the leave of the Attorney-General upon spe- 
cial application for that purpose. The Attorney-General, at the request of 
either party, will order the attendance at the hearing on appeal of any j^erson 
who has made a declaration in the matter to which the appeal relates, for the 
purpose of being cross-examined. After the hearing the Attorney- General will 
render his decision, which shall be notified both to the applicant and the 
Patent Office. 

Amendment of Speciflcatioii. — The specifications and drawings of ajjplica- 
tions for Letters Patent may be amended after grant and issue, by way of dis- 
claimer, correction or explanation, but no amendment will be allowed that will 
make the specification, as amended, claim an invention substantially larger or 
different from the invention claimed by the original specification. A request 
for leave to amend must be signed by the applicant or his duly authorized 
agent, and such request is advertised in the Gazette, two months being allowed 
after such advertisement, for any interested person to file a notice of ojjposition 
to the amendment, in such case leaving at the Patent Office statutory declara- 
tions in supiDortof his opposition, within fourteen days after the expiration of one 
month from the first advertisement of the application for leave to amend, the 
subsequent proceedings being the same as in other cases of opposition. If 
leave to amend is refused by the Registrar, the applicant may appeal to the 
Attorney-General. If leave to amend is granted, the amendment is advertised 
by the Registrar in the Gazette. 

Compulsory Licenses. — If it is j)roven on petition that by reason of the de- 
fault of a patentee to grant licenses on reasonable terms : 

[a] The patent is not being worked in the Colony ; or the reasonable re- 
quirements of the public with respect to the invention cannot be supplied; or 



WESTERN AUSTRALIA. ZULULAND. 197 

(b) Any person is prevented from working or using to the best advantage 
an invention of which he is possessed; the Governor in Council may order the 
patentee to grant licenses upon terms that will be reasonable considering the 
nature of the invention and the circumstances of the case. The patentee is 
allowed full opportunity to oppose the grant of any such decision. 

International Convention. — By an order in Council the provisions of the 
International Convention have been declared applicable to Western Australia, 
and applications may now be made for Letters Patent under the provisions of 
that Convention. Such applications must be made upon a special form of aj)pli- 
cation, and with a special declaration, the latter of which must specify all the 
foreign States or British possessions in which applications have been made, and 
the official date or dates thereof. Applications under the International Con- 
vention must be made within seven months from the date of the first foreign 
application, and must be signed by the person or persons by whom such first 
foreign application was made, or by the legal personal representative of such 
person. Such application must be accompanied by a copy or copies of the 
specification and drawings filed or deposited by the aiDplicant in the British Pat- 
ent Office or the foreign States or British possessions, in which the first foreign 
application was made, and such document must be certified by the official chief 
or head of the Patent Office of such foreign State or British possession, as afore- 
said. 

Patents issued under the provisions of the International Convention are 
ante-dated to agree with the date of the first foreign application. 

DOCUMENTS REQUIRED. 

1. Application with Declaration. — Signed by the applicant or aiDplicants, 
or by one of the applicants for himself and on behalf of the other applicant. 

2. Statement of Address and Appointment of A^ent. — Signed by the ap- 
plicant. 

3. Specification in Duplicate.^These may be either provisional or com- 
plete specifications. No signatures are required. 

4. Drawing's in Duplicate. — Upon sheets of Imperial drawing paper 8 inches 
wide by 13 inches in height, or 16 inches wide by 13 inches in height, with a 
margin J inch from the edge all around the sheet. All the lines must be abso- 
lutely black, Indian ink of the best quality only being used. All letters and 
figures of reference must be bold and distinct, not less than ^ inch in height. 

Note.— If an application is made by the assignee of an inventor he must produce a propei- 
assignment, showing his right to make the application in his own name. 

If an application for patent is made by the legal representative of a person who died possessed 
of an invention, the application must be accompanied by an official copy of, or extract from his 
will, or of the letters of administration granted of his estate in effect, in pi'oof of the applicant's title 
as such legal representative. 



ZULULAND. 



Zululand has been incorporated into and consolidated with the Colony of 
Natal. The laws of the latter colony now apply to all the territory heretofore 
known as Zululand. 

In future all Natal patents, already granted or still to be granted, will ipso 
facto cover Zululand also. 

It will not be necessary to maintain separately any existing Zululand Patent, 
if the corresponding Natal Patent is kept in force. 



INDEX 



Note.— This book is a Supplement to the Third Edition— August, 1894, of our book " General 
Ikformation Relating to Patents and Teade Marks," etc., and is paged continuously therewith. 

In this index numbers in small type refer to pages in the Third Edition of our book while pages 
in the Supplement are referred to by the letter S, followed by the number of the page, in bold fared 
type. 



GENERAL INFORMATION. 



PAGE 

CONFIRMATION OF INVALID PATENTS 3 

COMPULSORY LICENSES 4 

EXECUTION OF DOCUMENTS 3 

EXAMINATION AS TO NOVELTY, PATENTS 5 

EXAMINATION AS TO NOVELTY, TRADE MARKS 5 

IMPORTATION OF PATENTED ARTICLES 4 

MAKING OF PATENTED ARTICLES 4 

PATENTS FOR COMMUNICATED INVENTIONS 4 

PROVISIONAL PATENTS OR CAVEATS 3 

TIME REQUIRED TO OBTAIN PATENTS 4 

TIME REQUIRED TO OBTAIN IRADE MARK REGISTRATION 5 



COUNTRIES. 



PATENTS. TRADE MARKS. 

ABYSSINIA 7 89 

Special Concessions by Negus S. laa 

ADEN. BRITISH ARABIA. See India 42 100 

AFGHANISTAN 7 89 

ALGERIA. See France 31 97 

ANDAMAN ISLANDS. See India 42 100 

ANGOLA. See Portuguese Colonies 64 107 

ANGUILLA. See Leeward Islands 48 .102 

ANTIGUA. SeeLeeward Islands 48 102 

ARGENTINE REPUBLIC 7 89 

Documents, Taxes, Provisional Patents, Workings S. I>i3 

AUSTRIA 8 89 

New Law and Practice S. 1*43 

AUSTRALIA. See New South Wales, New Zealand, Queensland. South Aus- 
tralia, Tasmania, Victoria and Western Australia — — 

AZORES ISLANDS. See Portugal 63 107 

BAHAMA ISLANDS 10 90 

Who May be Patentee, Issue of Patents, Applications— Documents. .S. 139 

BALEARIC ISLANDS. See Spain 73 Ill" 



200 INDEX. 

PATENTS. TBADE MARKS. 

BARBADOS 11 90 

Who may be Patentee, Assignments, Workings S. 1^9 

BELGIUM 12 90 

International Convention Applications, Taxes on Patents of Addition. S. 139 

BERMUDA 13 90 

BOHEMIA. SeeAustria 8 89 

BOLIVIA 13.!..!!!........ 91 

Workings g, 130 

BOSNIA. SeeAustria , 8 89 

BRAZIL 14 91 

BRITISH BECHUANALAND 15 !!!!!!!! 91 

Incorporation with Cape Colony S. 130 

BRITISH BURMAH. See India 42 100 

BRITISH CENTRAL AFRICA S. 130 S. 130 

BRITISH COLUMBIA. See Canada 19 92 

BRITISH GUIANA 16 ..'.... 92 

Docnmems Required — Addition to S. 131 

BRITISH HONDURAS 17 92 

Documents Required — New Requirements S. 131 

BRITISH NEW GUINEA, Law and Practice in S. 131 

BRITISH NORTH BORNEO 18 92 

BRITISH SOUTH AFRICA, Law and Practice in S. 133 

BULGARIA _ 92 

Proposed law in S. 133 

CAMBODIA. See France 31 97 

CANADA 19 92 

Documents Required— Changes in. Amendments, Interferences S. 133 

CANARY ISLANDS. See Spain 73 HI 

CAPE COLONY; CAPE OF GOOD HOPE 20 93 

CAPE VERDE ISLANDS. See Portuguese Colonies 64 107 

CAUCASUS, THE. See Russia 66 108 

CEYLON 21 93 

CHANNEL ISLANDS 22 - 

CHILI 22 94 

Workings in S. 134: 

CHINA, EMPIRE OF 23 94 

Decree olJuly 5, 1898, Practice in S. 135 

COCHIN CHINA. See France 31 97 

COLOMBIA 24 94 

Unpatentable S . 135 

CONGO FREE STATE 25 95 

COR EA 25 95 

CORSICA. SeeFrance „ 31..... 97 

COSTA RICA 25 95 

New Law and Practice in y. 135 

CUBA. See Spain for former practice in 73 Ill 

Present conditions in 137 

CURACAO. See Dutch West Indies 27 96 

CYPRUS 26 95 

DANISH WEST INDIES 26 — 

DENMARK 26 95 

Documents Required S. 137 

DOMINICA. See Leeward Islands 48 102 

DUTCH EAST INDIES 27 95 

DUTCH WEST INDIES 27 96 

ECUADOR 28 96 

EGYPT 28 96 

Law and Practice in S. 138 

FALKLAND ISLA.NDS 29 96 

FAROE ISLANDS 29 — 

FIJI ISLANDS 29 96 

Documents Required in, Taxes S. 138 



INDEX. 201 

PATENTS. TRADE MARKS 

FINLAND 30 97 

New Law and Practice in S. 139 

FRANCE 31 97 

FRENCH GUIANA. See France 31 97 

FRENCH INDO-CHINA. See France 31 97 

Decree of June 24, 1893 S. 143 

GAMBIA 33 — 

GERMANY 33 97 

New Rules — Drawings, Samples S. 143 

GIBRALTAR 35 98 

Present Practice in. Documents Required S. 143 

GOLD COAST COLONY 35 98 

GREAT BRITAIN 36 98 

GREECE 38 99 

Law and Practice in S. 144 

GRENADA 38 99 

GUADELOUPE. See France 51 97 

GUATEMALA. 38 99 

New Law and Practice in , S. 144 

HAWAII 39 99 

Annexation to the United States S. 147 

HAYTI 40 99 

HERZEGOVINA. See Austria 8 89 

HOLLAND. (Netherlands) 55 100 

HONDURAS 40 100 

Law and Practice in ..S. 147 

HONG KONG 41 100 

Documents Eequired, Changes in S. l* 7 

HUNGARY 41 ]00 

New Law and Practice in S. It8 

ICELAND 42. - 

INDIA 42 100 

Documents Required, Changes in S. 151 

INTERNATIONAL UNION 44 44 

Members of, January ], 1898 S. 15'i 

ITALY 45 10] 

Applications under International Convention, Patents of A'ldition, 

Applications by Firm or Company, Assignments S. I'iS 

ISLE OF MAN. See Great Britain 36 98 

JAMAICA 46 101 

Who may be Patentee — Issue of Patents to Firms or Corporations, 

Documents Required, Workings S. 153 

JAPAN 47 101 

New Law and Practice in S. 154 

JAVA. See Dutch East Indies 27 95 

KEEWATIN. See Canada 19 92 

LABRADOR. See Canada and Newfoundland 19-55 92-104 

LACCADIVES ISLANDS. See India 42 100 

LAGOS 48 102 

LA REUNION. See France 31 97 

LEEWARD ISLANDS 48 102 

Production of Patent when paying Taxes S. 157 

LIBERIA 49 102 

LUXEMBOURG 50 102 

MACAU AND TIMOR. See Portuguese Colonies 64 107 

MADAGASCAR 51 102 

MADEIRA ISLANDS. See Portugal 63 107 

MALACCA. See Straits Settlements 74 Ill 

MALTA 51 103 

Taxes S. 157 

MANITOBA. See Canada 19 92 

MARQUESAS ISLANDS. See France 31 97 



202 INDEX. 

PATENTS. TEADE MABKS. 

MARTINIQUE. See France 31 97 

MASHOXALAND. See British South Africa S. 134 

MATABELELAND. See British South Africa S. 133 

MAUEITIUS 52 103 

MEXICO 53 103 

Taxes in, Workings, Assignments, Importation of Patented Articles, 

Oppositions S. 1.58 

MONACO 54 103 

Present Practice in S. 158 S. 1.58 

MONTENEGRO 54 103 

Law and Practice in S. 158 

MONTSEREAT. See Leeward Islands 48 102 

MOROCCO 54 103 

MOZAMBIQUE. See Portuguese Colonies 64 107 

MIQUELON. SeeErance 31 97 

MYSORE. Law and Practice in S. 139 

NATAL 54 104 

Execution of Documents S. 160 

Union of Zululand with ..S. 197 

NEGRI- SEMBALIN, Law and Practice in S. 160 

NETHERLANDS. (HoUand.) 55 ICO 

NEVIS. See Leeward Islands 48 102 

NEW BRUNSWICK. See Canada 19 92 

NEW CALEDONIA. See France 31 97 

NEWFOUNDLAND 55 104 

Execution of Documents, Drawings S. 161 

NEW GRENADA. See Colombia , 24 94 

NEW SOUTH WALES 56 104 

Amendments, Appeals, Enlargement of Time, Revocation of Patents, 
Provisional Protection, Assignments, Filing of Applications, Docu- 
ments, Changes in Requirements. S. 161 

NEW ZEALAND 57 105 

Filing of Applications, Documents, Changes in S. 163 

NICOBAE ISLANDS. See India 42 100 

NICARAGUA 59 105 

Law and Practice in S. 163 

NORWAY 59 10". 

International Convention, Assignments S. 164 

NOVASCOTIA. SeeCanada 19 92 

ONTARIO. SeeCanada 19 92 

ORANGE FREE STATE 60 lOG 

Production of Patent when paying Taxes, Execution of Documents. S. 164 

PANAMA. See Colombia 24 94 

PARAGUAY 61 106 

Law and Practice in S. 164 

PENANG. See Straits Settlements 74 Ill 

PERAK (Sultanate of). Law and Practice in S. 165 

PERSIA 62 107 

PERU 62 107 

Law and Practice in S. 166 

PHILIPPINE ISLANDS. See Spain for former Practice in 73 Ill 

Present Conditions in S. 168 

POLAND. See Russia 66 108 

PORTO RICO. See Spain for former Practice in 73 Ill 

Present Conditions in S. 168 

PORTUGAL 63 107 

New Law and Practice in S. 168 

PORTUGUESE COLONIES 64 107 

Suspension of Grant of Patents in S. 173 

PORTUGUESE GUIANA. See Portuguese Colonies 64 107 

PORTUGUESE INDIA. See Portuguese Colonies 64 107 

PRINCE EDWARD ISLAND. SeeCanada 19 92 



INDEX. 203 

PATENTS. TKADE MAKKS. 

PROVINCE WELLESLEY. See Straits Settlements 74 Ill 

PRUSSIA. See Germany 33 97 

QUEENSLAND 65 108 

Changes in Practice and Documents Required S. 173 

QUEBEC. SeeCanada 19 92 

RHODESIA, see British South Africa .' S. 13 3 

ROUMANIA 66 108 

RUSSIA 66 108 

New Law and Practice in S. 174 

ST. HELENA 68 — 

ST. LUCIA 69 109 

ST.PIERRE. SeeFrance 31 97 

ST. THOMAS AND PRINCE. See Portuguese Colonies 64 107 

ST. VINCENT 69 109 

SAMOA 69 109 

SANDWICH ISLANDS. See Hawaii 39 99 

SAN DOMINGO 69 109 

Present Practice in , S. 178 S. 178 

SAN SALVADOR 70 109 

Present Law and Practice in S. 179 

SARDINIA. See Italy ■ 45 101 

SAXONY. See Germany ,... 33 97 

SCOTLAND. See Great Britain 36 98 

SELANGOR, Law and Practice in S. 180 

SENEGAMBIA. SeeFrance 31 97 

SERVIA 70 109 

Present Conditions in - S. 181 

SIAM 70 110 

Special Grants in. Documents Required S. 181 

SIBERIA. See Russia 66 108 

SICILY. See Italy 45 101 

SIERRA LEONE 70 110 

SINGAPORE. See Straits Settlements 74 HI 

SOUTH AFRICAN REPUBLIC 70 110 

New Law and Practice in S. 181 

SOUTH AUSTRALIA 72 110 

Filing Applications in, Assignments S. 18.'5 

SPAIN 73 ....Ill 

Colonies, Taxes, Assignments, Workings, Drawings ..S. 186 

STRAITS SETTLEMENTS 74 Ill 

SURINAM. See Dutch West Indies 27 96 

SWAZILAND, Law and Practice in .* S. 186 

SWEDEN 75 Ill 

New Law, Novelty, Priority for Filing, Calculating delays of time. . .S. 187 

SWITZERLAND 77 Ill 

Assignments, Workings, Completion of Applications, Transformation 

of Provisional Patents S. 188 

TAHITL SeeFrance 31 97 

TASMANIA 79 112 

FiUng of Applications, Requirements for Drawings, International 

Convention , S. 189 

TONQUIN. SeeFrance 31 97 

TRINIDAD 80 112 

New Law and Practice in S. 189 

TUNIS 81 112 

Taxes S. 191 

TURKEY 82 112 

Novelty. Patents of Importation S. 191 

UNITED STATES OF CENTRAL AMERICA S. 193 

URUGUAY 83 113 

Taxes, when Payable, Drawings S. 193 



204 INDEX. 

PATENTS. TBADE MABKS 

VENEZUELA 84 , 113 

Full Taxes Payable, Workings, The Application— Procedure, Infring- 

ments S. 193 

VICTORIA 85 113 

Filing of Applications, Assignments, Execution of Applicatioup, 

Declarations, Drawings S. 19 1 

VIRGIN ISLANDS. See Leeward Islands 48 102 

WALES. See Great Britain 36 98 

WESTERN AUSTRALIA 86 114 

New Law and Practice in S. 19i 

wiJRTEMBURG. See Germany 33 97 

ZANZIBAR 87 — 

ZULrLAND 88 114 

Incorporation with Natal S. 197 



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